| (a) Youth are eligible to continue receiving permanency
care assistance from the youth's 18th birthday through the last day
of the month in which the youth turns 21 if the following criteria
are met:
(1) The permanent kinship conservator is granted permanent
managing conservatorship of the youth after the child's 16th birthday
and before the child's 18th birthday; and
(2) The permanent kinship conservator provides sufficient
documentation on a periodic basis as required by the permanency care
assistance agreement to demonstrate that the youth is:
(A) regularly attending high school or enrolled in
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) employed for at least 80 hours per month; or
(E) 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.
(b) There is a presumption that a youth is capable
of the activities listed in subsection (a)(2)(A) - (D) of this section.
The presumption can be rebutted only if sufficient documentation is
provided to verify the medical condition and that the medical condition
renders the youth incapable of those activities. Such documentation
of a medical condition might include a determination of disability
from the Social Security Administration, a determination of mental
retardation, or a statement from a medical doctor. In addition, documentation
must also verify the activities of daily living that the youth is
rendered incapable of performing as a result of that medical condition.
(c) Notwithstanding any other provision in this subchapter,
no individual will be eligible for extended permanency care assistance
prior to October 1, 2010.
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