| (a) Yes. Permanency care assistance payments may continue
to a successor guardian if the successor guardian meets the definition
in §700.1027(7) of this title (relating to What definitions apply
to this division?).
(b) The successor guardian cannot begin receiving permanency
care assistance payments from DFPS until the individual has signed
a permanency care assistance agreement and has assumed permanent managing
conservatorship of the child.
(c) If the successor guardian signs the permanency
care assistance agreement after being granted legal custody of the
child by the court, DFPS may, for good cause, grant retroactive benefits
back to the date permanent managing conservatorship was granted, for
a period not to exceed 12 months, if the successor guardian can demonstrate
that:
(1) DFPS caused a delay in the activation of benefits;
or
(2) The successor guardian's failure to sign a permanency
care assistance
agreement prior to being granted permanent managing conservatorship
of the child was because the successor guardian was not aware that
the child remained eligible for continuation of benefits in a subsequent
conservatorship.
(d) The terms and conditions of the permanency care
assistance agreement originally signed by the previous permanent kinship
conservator will also apply to the successor guardian. This means
that the successor guardian:
(1) is entitled to a one-time reimbursement of nonrecurring
expenses not to exceed $1,200 per child;
(2) is entitled to receive the child’s benefits
for the same duration determined in the original agreement signed
by the previous permanent kinship conservator;
(3) may exercise his or her right to a fair hearing
if benefits are denied, delayed, suspended, or reduced; and
(4) must abide by the same conditions for continuation
of permanency care assistance payments, including, but not limited
to, annual notification, certification, and documentation requirements.
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