Section 700.880 - What are my rights to appeal a DFPS decision regarding adoption assistance benefits?(a) You have the right to request a hearing whenever adoption assistance benefits are denied, delayed, suspended, reduced, or terminated or when the processing of your application is unreasonably delayed. A hearing is also available as provided in § 700.883 of this title (relating to Can I still get adoption assistance benefits if I assume legal responsibility of a child in DFPS conservatorship before the adoption is finalized?). The hearing, as described in § 730.1102 of this title (relating to Definitions), provides you the opportunity to appeal a decision made in a local DFPS office to a higher authority within DFPS.(b) We must receive your written request for a hearing no later than 90 days after our action that you are appealing. At the hearing, you can represent yourself or have another person, including an attorney, represent you.(c) There is no right to appeal our decision to provide you all the benefits available, including the maximum monthly payment allowed, as described in § 700.844 of this title (relating to How are monthly payment amounts determined?).(d) You have the right to appeal a denial of enhanced adoption assistance only if the child qualifies as a child with special needs, the child meets all eligibility criteria in § 700.807(1) - (3) of this title (relating to Who is eligible to receive enhanced adoption assistance?), and DFPS has confirmed in writing that you are the appropriate prospective adoptive placement for the child.(e) You may not appeal a denial of extended adoption assistance if your child reaches the age of 18 prior to October 1, 2010.40 Tex. Admin. Code § 700.880
The provisions of this §700.880 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective May 1, 2002, 27 TexReg 2838; amended to be effective September 1, 2007, 32 TexReg 5388; amended to be effective January 1, 2009, 33 TexReg 9270; amended to be effective March 1, 2010, 35 TexReg 875; Amended by Texas Register, Volume 42, Number 02, January 13, 2017, TexReg 86, eff. 1/19/2017