<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER JASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS
DIVISION 2PERMANENCY CARE ASSISTANCE PROGRAM
RULE §700.1047How long does the permanency care assistance agreement remain in effect?

(a) Unless there is a change in circumstances that affects a person's continuing eligibility for benefits, as provided in subsection (b) of this section, a permanency care assistance agreement remains in effect at least through the end of the month in which the child turns 18 years, and possibly longer if the child and family are eligible for extended permanency care assistance after age 18, as specified in §700.1053 of this title (relating to Who is eligible for extended permanency care assistance?).

(b) A permanency care assistance agreement may be terminated before a child turns 18 years when any of the following occurs:

  (1) the prospective permanent kinship conservator is not granted managing conservatorship of the child;

  (2) DFPS determines that the permanent kinship conservator was mistakenly determined to be eligible for permanency care assistance;

  (3) the permanent kinship conservator is no longer legally responsible for the child's care due to a change in legal status prior to the child reaching the age of 18 years;

  (4) the permanent kinship conservator is no longer providing any care or other support to the child;

  (5) the child dies; or

  (6) the permanent kinship conservator requests that the agreement be terminated.

(c) If the child who is the subject of the permanency care assistance agreement is over the age of 18 years, and the child's family is receiving benefits under §700.1053 of this title, the agreement and benefits may be terminated if the child no longer meets the eligibility conditions in §700.1053(b) of this title.

(d) If a person receives monthly payments for a period of time for which the permanency care assistance agreement could have been terminated, DFPS may require that person to repay the total amount of benefits for which the person was not eligible or may deduct the amount of any overpayment from any future benefits under a repayment plan.

(e) In the event the permanent kinship conservator dies or becomes incapacitated and a successor guardian assumes legal custody of the child, the permanency care assistance agreement is terminated and the successor guardian must enter into a new agreement with DFPS in order to receive permanency care assistance on behalf of the child, as specified in §700.1061 of this title (relating to Does a child remain eligible for permanency care assistance benefits in the event that the permanent kinship conservator dies or becomes incapacitated?).


Source Note: The provisions of this §700.1047 adopted to be effective March 1, 2010, 35 TexReg 878; amended to be effective January 19, 2017, 42 TexReg 84

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page