SECTION 700.825. Who is considered an applicable child?

(a) Subject to exceptions in subsections (b) and (c) of this section, an "applicable child" is a child for whom an adoption assistance agreement is entered into during the federal fiscal year listed in the figure in this subsection and who will have attained the age listed in the same figure in this subsection prior to the end of that federal fiscal year, as follows:

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(b) The child meets the "duration in care" exception because the child:

(1) has been in the conservatorship of DFPS for at least 60 consecutive months;

(2) is considered a child with special needs under §700.804 of this title (relating to Who is a child with special needs?); and

(c) The child meets the "member of a sibling group" exception because the child:

(1) is the sibling of a child who meets the definition of "applicable child" in subsection (a) of this section or the duration in care exception in subsection (b) of this section; and

(2) is to be placed in the same adoptive placement as an applicable child who is their sibling.

Source Note: The provisions of this §700.825 adopted to be effective March 1, 2010, 35 TexReg 875; amended to be effective January 19, 2017, 42 TexReg 84