| (a) The amount of monthly payments that will be paid
to a permanent kinship conservator will be negotiated between DFPS
and the prospective permanent kinship conservator prior to the signing
of the permanency care assistance agreement, based on the criteria
specified in subsection (b) of this section, subject to the maximum
monthly payment amounts specified in subsection (c) of this section.
These amounts may be periodically re-negotiated as circumstances change.
(b) The following factors are considered when negotiating
the amount of monthly permanency care assistance payments to be made:
(1) the child's present need for services will be assessed
in relation to the permanent kinship conservator's income, expenses,
circumstances, and plans for the future;
(2) benefits are intended only to assist the permanent
kinship conservator in meeting the child's needs and the permanent
kinship conservator's responsibilities for meeting those needs;
(3) any and all sources of income and support that
are specifically designated for the child (such as Retirement, Survivors,
Disability Insurance (RSDI) or Veterans Administration (VA) benefits)
must be applied toward meeting the child's needs;
(4) whether a publicly funded source may be used to
meet the child's needs, even if the permanent kinship conservator
does not choose to take advantage of the publicly funded source; and
(5) a determination of the actual or estimated costs
of meeting the child's medical needs that cannot be met through private
insurance or Texas Medicaid.
(c) The maximum monthly payment amount depends upon
the child's authorized service level (ASL) at the time the permanency
care assistance agreement is negotiated. The payment ceiling for a
child whose ASL is Basic Care is $400 per month; the payment ceiling
for a child whose ASL is Moderate, Specialized or Intense is $545
per month.
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