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RULE §700.346Extended Foster Care

(a) Subject to the availability of a placement approved by the Department of Family and Protective Services (DFPS), a young adult may receive foster care assistance if all of the following eligibility requirements are met:

  (1) The young adult meets the requirements of §700.316 of this title (relating to General Eligibility Requirements for Foster Care Assistance);

  (2) The young adult turned 18 years of age while in the temporary or permanent managing conservatorship of DFPS;

  (3) The young adult signs and continues to abide by the terms of a Voluntary Extended Foster Care Agreement, including monthly caseworker visits and participation in all required extended foster care review hearings under Subchapter G of Chapter 263, Texas Family Code;

  (4) The young adult provides sufficient documentation on a periodic basis as required by the terms of the young adult's Voluntary Extended Foster Care Agreement to demonstrate that within 30 days of turning 18, the young adult is engaged in an eligible activity. For the purposes of this section, an "eligible activity" includes:

    (A) Regularly attending high school or a program leading toward a high school diploma or high school equivalence certificate;

    (B) Regularly attending an institution of higher education or a post-secondary vocational or technical program;

    (C) Actively participating in a program or activity that promotes, or removes barriers to, employment;

    (D) Being employed for at least 80 hours per month; or

    (E) Being incapable of performing any of the activities listed in subparagraphs (A) - (D) of this paragraph due to a documented medical condition, as further described in subsection (b) of this section; and

  (5) A young adult who is eligible for SSI, RSDI, or another monthly benefit designated for the young adult's maintenance and support agrees to allow DFPS to use any benefits received to offset the young adult's cost of care pursuant to a voluntary extended foster care financial agreement.

(b) There is a presumption that a young adult is capable of the activities listed in subsection (a)(4)(A) - (D) of this section. The presumption can be rebutted if sufficient documentation is provided to verify the medical condition and that the medical condition renders the young adult incapable of those activities. Such documentation of a medical condition might include a determination of disability from SSA, a determination of mental retardation, or a statement from a medical doctor that verifies the activities of daily living that the young adult is rendered incapable of performing as a result of the medical condition.

(c) Eligibility for extended foster care assistance ends on the earlier of the date a young adult ceases to meet the eligibility requirements of this section or the end of the month of the young adult's 21st birthday, except that a young adult who is otherwise eligible may continue to receive benefits until the young adult's 22nd birthday if the young adult is regularly attending high school or a program leading toward a high school diploma or high school equivalence certificate.

(d) A young adult who qualifies for extended foster care under this section may transition between eligible activities for a period not to exceed 30 days. A transition period in excess of 30 days, including a failure to provide sufficient documentation of participation in an eligible activity, will be considered a cessation of eligibility and will result in the termination of extended foster care assistance.

(e) A young adult may return to extended foster care at any time prior to the month before the young adult's 21st birthday, provided all the requirements in subsections (a) - (c) of this section are met.

Source Note: The provisions of this §700.346 adopted to be effective February 12, 2012, 37 TexReg 711

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