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Andrea, Esq.
Andrea, Esq., Attorney
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What is the assistance agreement under Subchapter D, Chapter

Customer Question

What is the assistance agreement under Subchapter D, Chapter 162, Family Code? We have two adopted sons who will be starting to colleges in one or two years. We used an attorney of our choice and did not go through CPS for the adoption but they were in foster care prior to our getting them. Do we still qualify for tuition exemption in Texas? How do we go about checking on this and getting the required documentation?
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Hi, My name is Andrea and my goal is to provide you with Excellent Service,


Your sons would be eligible if they meet the following requirements:


1. They were in foster or other residential care,

2. They were adopted, and

3. They were the subject of an adoption assistance agreement under Subchapter D, Chapter 162, Texas Family Code at the time of the adoption.


The pertinent part of the law relating to this assistance is reprinted below:



Sec. 54.367. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN FOSTER OR OTHER RESIDENTIAL CARE. (a) A student is exempt from the payment of tuition and fees authorized by this chapter if the student:

(1) was adopted; and


(2) was the subject of an adoption assistance agreement under Subchapter D, Chapter 162, Family Code, that:


(A) provided monthly payments and medical assistance benefits; and


(B) was not limited to providing only for the reimbursement of nonrecurring expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses directly related to the legal adoption of the child.


This assistance is available for use only in a Texas public college or university. You can see a list of eligible institutions by clicking on the link below:

Texas Public Institutions.


You will need to request a letter of eligibility from the Texas Department of Family and Protective Services (TDFPS) and send a copy of this letter to the registrar of the college to which your sons are applying.




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Customer: replied 4 years ago.

I already knew all of this as I had researched it. I wanted to know what the letter of eligibility says and how do I find out about (B) which I do not understand.

Expert:  Andrea, Esq. replied 4 years ago.

Hi, Dorothy,


The colleges and universities need written confirmation from TDFPS of the fact that your sons were in foster care, or some other residential facility, that they were adopted, and that in connection with their adoption, they had the benefit of an adoption assistance program. The letter of eligibility is merely written confirmation from TDFPS that these facts are true and that the contents of the letter are based on TDFPS records and the information contained in their files. That is all that this letter of eligibility is.