(a) The Department of Family and Protective Services'
(DFPS's) provision of purchased post-permanency services is subject
to the availability of funds appropriated for that purpose. When funds
are available, and subject to any additional eligibility requirements
for specific types of post-permanency services as provided in (DFPS's)
rules, DFPS provides purchased post-permanency services to the child
and the child's family if each of the following four conditions is
satisfied:
(1) either:
(A) the department or a licensed Texas child-placing
agency served as the child's managing conservator, placed the child
for adoption, and the placement resulted in a court-order consummating
the adoption. If a licensed Texas child-placing agency served as the
child's managing conservator and placed the child for adoption, the
department must be providing Title IV-E adoption assistance to the
child; or
(B) the department or a licensed Texas child-placing
agency served as the child's managing conservator and a kinship caregiver
was granted permanent managing conservatorship of the child with or
without permanency care assistance;
(2) if the child was adopted, the adoption is still
intact or if the child is in a
permanent managing conservatorship the child is still with that
caregiver;
(3) the adoptive parent or permanent managing conservator,
as
applicable, has requested post-permanency services; and
(4) the child is under 18. If determined necessary
by DFPS, services may continue for up to 90 days past the child's
18th birthday in order to ensure an orderly termination of services.
(b) Notwithstanding subsection (a)(4) of this section,
if services begin during a child's 17th year, they may continue for
as long as six months after the child's 18th birthday.
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