| (a) Yes, but only after the permanent kinship conservator
requests a fair hearing and shows that there is good reason to excuse
the failure to have signed a permanency care assistance agreement.
Some good reasons that allow for a fair hearing are:
(1) DFPS did not inform the permanent kinship conservator
of the permanency care assistance program before the court granted
him or her permanent managing conservatorship of the child;
(2) The court awarded the permanent kinship conservator
permanent managing conservatorship of the child without prior notice;
(3) DFPS knew facts relevant to the child's eligibility
for permanency care assistance but did not disclose them to the permanent
kinship conservator before the court awarded him or her permanent
managing conservatorship of the child; or
(4) DFPS made an error in determining that the child
was not eligible before the court granted permanent managing conservatorship
of the child to the permanent kinship conservator.
(b) In the hearing, the permanent kinship conservator
has the burden to prove both:
(1) the reason for not having signed a permanency care
assistance agreement before being awarded permanent managing conservatorship
of the child; and
(2) that the child meets all eligibility requirements.
(c) If DFPS agrees that the child is eligible and the
failure to have signed a permanency care assistance agreement should
be excused, DFPS and the permanent kinship conservator can sign an
agreed order and avoid having a fair hearing. The hearing officer
must approve the agreed order, and the permanent kinship conservator
must sign a permanency care assistance agreement consistent with its
provisions, before he or she can receive benefits.
|
