(a) Unless there is a change in circumstances that
affects a person's continuing eligibility for benefits, as provided
in subsection (b) of this section, a permanency care assistance agreement
remains in effect at least through the end of the month in which the
child turns 18 years, and possibly longer if the child and family
are eligible for extended permanency care assistance after age 18,
as specified in §700.1053 of this title (relating to Who is eligible
for extended permanency care assistance?).
(b) A permanency care assistance agreement may be terminated
before a child turns 18 years when any of the following occurs:
(1) the prospective permanent kinship conservator is
not granted managing conservatorship of the child;
(2) DFPS determines that the permanent kinship conservator
was mistakenly determined to be eligible for permanency care assistance;
(3) the permanent kinship conservator is no longer
legally responsible for the child's care due to a change in legal
status prior to the child reaching the age of 18 years;
(4) the permanent kinship conservator is no longer
providing any care or other support to the child;
(5) the child dies; or
(6) the permanent kinship conservator requests that
the agreement be terminated.
(c) If the child who is the subject of the permanency
care assistance agreement is over the age of 18 years, and the child's
family is receiving benefits under §700.1053 of this title, the
agreement and benefits may be terminated if the child no longer meets
the eligibility conditions in §700.1053(b) of this title.
(d) If a person receives monthly payments for a period
of time for which the permanency care assistance agreement could have
been terminated, DFPS may require that person to repay the total amount
of benefits for which the person was not eligible or may deduct the
amount of any overpayment from any future benefits under a repayment
plan.
(e) In the event the permanent kinship conservator
dies or becomes incapacitated and a successor guardian assumes legal
custody of the child, the permanency care assistance agreement is
terminated and the successor guardian must enter into a new agreement
with DFPS in order to receive permanency care assistance on behalf
of the child, as specified in §700.1061 of this title (relating
to Does a child remain eligible for permanency care assistance benefits
in the event that the permanent kinship conservator dies or becomes
incapacitated?).
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