(a) Each permanent kinship conservator who enters into
a permanency care assistance agreement is responsible for notifying
DFPS when any of the following changes in circumstances occur with
respect to the permanent kinship conservator or the child who is the
subject of the agreement:
(1) there is a change in name or address;
(2) there is a change in marital status;
(3) the child is no longer living with the permanent
kinship conservator;
(4) there is a change in the child's legal status;
(5) the permanent kinship conservator has identified
a potential successor guardian; or
(6) there is any change in circumstances that would
warrant termination of the permanency care assistance agreement, as
described in §700.1047 of this title (relating to How long does
the permanency care assistance agreement remain in effect?).
(b) If the permanent kinship conservator is not already
receiving the maximum monthly assistance payment allowable for the
child, the conservator may submit a written request to increase the
monthly assistance payments, specifying the change in circumstances
that may justify an increase in the payment amount. Any request for
an increase in the monthly payment amount is subject to the same requirements
and limitations described in §700.1039 of this title (relating
to What is the amount of monthly payments that a permanent kinship
conservator may receive under a permanency care assistance agreement?).
(c) DFPS may periodically require a permanent kinship
conservator to recertify continued eligibility for the receipt of
benefits as provided under the permanency care assistance agreement
and these rules. A request for recertification must be completed and
returned to DFPS within 60 days of receipt. Failure to promptly provide
the recertification information may result in an overpayment, which
DFPS may require the permanent kinship conservator to repay or which
DFPS may deduct from any future benefits under a repayment plan.
(d) DFPS may periodically require documentation from
the permanent kinship conservator that is sufficient to demonstrate
that the child who is the subject of the permanency care assistance
agreement and who has attained the minimum age for compulsory school
attendance in Texas or the child's state of residence is a full-time
elementary or secondary student as that term is defined in §700.1027
of this title (relating to What definitions apply to this division?).
DFPS may require such documentation to include proof sufficient to
demonstrate that the child is rendered incapable of being a full-time
elementary or secondary student because of a medical condition.
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