The following terms have the following meanings in this division:
(1) Deferred permanency care assistance agreement--A
type of permanency care assistance agreement that may be entered into
when a kinship caregiver meets the eligibility criteria for receipt
of permanency care assistance, but does not need any assistance at
the time the agreement is signed; a deferred permanency care assistance
agreement allows a person to preserve eligibility to receive permanency
care assistance in the future, should the need for such assistance
arise.
(2) Elementary or secondary student--A child who is:
(A) enrolled or in the process of enrolling in an institution
which provides elementary or secondary education in accordance with
Texas law or the law of the state in which the child resides;
(B) instructed in elementary or secondary education
at home in accordance with Texas law or the law of the state in which
the child resides;
(C) in an independent study elementary or secondary
education program, administered by a school or school district, in
accordance with Texas law or the law of the state in which the child
resides; or
(D) incapable of attending school on a full-time basis
due to the medical condition of the child, which incapability is supported
by regularly updated information.
(3) Extended permanency care assistance--Permanency
care assistance benefits that are payable on behalf of an eligible
youth after the youth's 18th birthday through the last day of the
month in which the youth turns 21, as provided under §700.1053
of this title (relating to Who is eligible for extended permanency
care assistance?).
(4) Permanency care assistance agreement--A negotiated,
written and legally binding agreement that is signed by DFPS and a
prospective permanent kinship conservator setting forth the specific
terms and conditions of the agreement, including the types and amounts
of permanency care assistance benefits that will be provided under
the agreement.
(5) Permanent kinship conservator--A relative or other
individual with a prior longstanding and significant relationship
to a child who was in the temporary or permanent managing conservatorship
of DFPS immediately prior to permanent managing conservatorship being
granted to that person. The term does not include a parent of the
child or other person from whom the child was legally removed by DFPS.
(6) Prospective permanent kinship conservator--A relative
or other individual with a prior longstanding and significant relationship
to a child who was in the temporary or permanent managing conservatorship
of DFPS who has demonstrated a strong commitment to caring permanently
for the child and who applies for or has entered into a permanency
care assistance agreement with DFPS, but has not yet been granted
permanent managing conservatorship of the child.
(7) Successor guardian--A person who:
(A) was named as a successor to the permanent kinship
conservator in the permanency care assistance agreement or in an amendment
to that agreement;
(B) is granted legal custody of the child upon the
death or incapacitation of the permanent kinship conservator;
(C) meets all DFPS standards regarding background checks;
(D) signs a new permanency care assistance agreement
with DFPS; and
(E) receives permanency care assistance for the child.
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