| (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.
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