reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 6 - HEALTH COVERAGE BENEFIT (HCB) STIPEND › Section 700.892 - What documents must an adoptive parent submit to DFPS to establish initial eligibility for the HCB stipend?

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 adoptive parent must submit:
(1) A final
					 adoption order;
(2) Proof of
					 income, such as a W-2 form, verification of earnings statement from an
					 employer, or other reliable source;
(3) Proof of denial of medical assistance
					 benefits under Chapter 32 of the Human Resources Code; and
(4) Proof that the:
(A) Child in question currently has health
					 coverage benefits paid for by the adoptive parent, and the amount of the
					 monthly premium; or
(B) Adoptive
					 parent has obtained a quote for health coverage benefits that will be obtained
					 for the child in question following receipt of the stipend; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 6 - HEALTH COVERAGE BENEFIT (HCB) STIPEND › Section 700.893 - When is the HCB stipend paid?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 HCB stipend is payable for the first month following receipt of all necessary
					 documents to prove eligibility under §
											700.892
					 of this title (relating to What documents must an adoptive parent submit to
					 DFPS to establish initial eligibility for the HCB stipend?). Retroactive
					 benefits are not available for the initial eligibility determination.
(b) Continuing eligibility for the monthly
					 HCB stipend must be recertified every 12 months after the initial HCB stipend
					 payment is issued. In order to recertify the child, the parent must provide by
					 the annual recertification date:
(1) Proof of
					 current income as required in subsection (a)(2) of §
												700.892
					 of this title; and
(2) Proof that
					 the adoptive parent maintained health care coverage for the child, as required
					 in subsection (a)(4)(A) of §
												700.892
					 of this title.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter H - ADOPTION ASSISTANCE PROGRAM › Division 6 - HEALTH COVERAGE BENEFIT (HCB) STIPEND › Section 700.894 - Can a child who receives the HCB stipend qualify for the tuition exemption available under the Education Code, Section?

Current through Reg. 49, No. 28; July 12, 2024
No. The HCB stipend is not "adoption assistance" and
						eligibility for this benefit does not confer eligibility for the tuition
						exemption available under Education Code, §
											54.211.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter I - PURCHASED PROTECTIVE SERVICES TO PREVENT REMOVAL OR TO REUNIFY FAMILIES › Section 700.901 - Services Purchased

Current through Reg. 49, No. 28; July 12, 2024
To prevent removal of children and to reunite families, the
					 Texas Department of Protective and Regulatory Services may provide the
					 following services:
(1) protective
				  homemaker services;
(2) protective
				  day care;
(3) community-based
				  treatment services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter I - PURCHASED PROTECTIVE SERVICES TO PREVENT REMOVAL OR TO REUNIFY FAMILIES › Section 700.902 - Protective Homemaker Services

Current through Reg. 49, No. 28; July 12, 2024
Protective homemaker services are supervision and care
					 given to children and families in their homes by trained and supervised
					 homemakers. These services may be provided during a crisis or as part of an
					 ongoing plan. Homemaker services may be provided for any length of time during
					 a day.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter I - PURCHASED PROTECTIVE SERVICES TO PREVENT REMOVAL OR TO REUNIFY FAMILIES › Section 700.903 - Protective Day Care

Current through Reg. 49, No. 28; July 12, 2024
Protective day care is out-of-home care in licensed
					 facilities, under contract with the Texas Department of Protective and
					 Regulatory Services, and is provided to children for less than 24 hours at a
					 time. Protective day care is provided to prevent or remedy child abuse or
					 neglect by ensuring adequate care and supervision of
					 children.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter I - PURCHASED PROTECTIVE SERVICES TO PREVENT REMOVAL OR TO REUNIFY FAMILIES › Section 700.904 - Community-Based Treatment Services

Current through Reg. 49, No. 28; July 12, 2024
Community-based treatment services include assessment and
					 evaluation; treatment planning; treatment; individual, group, and family
					 therapy; and parenting training for eligible children, parents, or
					 caretakers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1001 - What is the Relative and Other Designated Caregiver Program?

Current through Reg. 49, No. 28; July 12, 2024
The Relative and Other Designated Caregiver Program is an
						array of services designed to promote continuity and stability for children in
						the conservatorship of DFPS. The program is effective March 1, 2006, and
						includes support services and limited financial assistance for eligible
						caregivers who assume caretaking responsibility for children in DFPS
						conservatorship. Subject to availability of funds and eligibility requirements,
						caregiver assistance may include case management services, training, referrals
						to appropriate services and assistance programs, family counseling, child-care
						services, limited cash assistance, and other support services. Funding for this
						program is limited to the state and federal funds allocated to DFPS for this
						program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1002 - How does the Relative and Other Designated Caregiver Program differ from the Permanency Care Assistance Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Permanency Care Assistance Program is a program that provides monthly cash
					 assistance benefits, Medicaid health coverage, and a one-time reimbursement of
					 nonrecurring expenses on behalf of a child to a caregiver who becomes a
					 licensed or verified foster care provider, becomes the managing conservator of
					 a child in DFPS conservatorship, and meets other eligibility criteria as
					 described in Division 2 of this subchapter (relating to Permanency Care
					 Assistance Program).
(b) A relative
					 or other designated caregiver is not eligible to receive benefits under the
					 Relative and Designated Caregiver Program on behalf of any child for whom the
					 caregiver is also receiving either foster care reimbursement or permanency care
					 assistance.
(c) For more
					 information on who is eligible to receive permanency care assistance, refer to
					 Division 2 of this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1003 - What are the eligibility requirements for caregiver assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) The children to be placed must be in the
					 managing conservatorship of DFPS.
(b) The caregiver must:
(1) be related to the children or have a
					 longstanding and significant relationship with the children or the family of
					 the children;
(2) be formally
					 approved by DFPS as a caregiver;
(3) sign and abide by a written caregiver
					 assistance agreement, which includes a commitment to:
(A) be available as a continuing placement
					 for the children for at least six months;
(B) participate in specialized kinship
					 training as recommended and provided by DFPS;
(C) comply with DFPS requirements limiting or
					 facilitating contact between the parents and the children;
(D) apply for other forms of assistance,
					 including financial and medical, for which the children may be eligible;
					 and
(E) comply with any other child
					 specific requirements or limitations; and
(4) not be a licensed or verified foster home
					 or group foster home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1005 - What types of cash assistance are available to eligible caregivers?

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the availability of funds and
					 based upon the family's need, eligible caregivers may receive two types of cash
					 assistance:
(1) a monthly payment, per child
					 in the managing conservatorship of DFPS that has been placed in the caregiver's
					 home, that may not exceed 50% of the DFPS daily Basic Foster Care Rate paid to
					 a foster home in accordance with §355.7103 of Title 1 (relating to
					 Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements);
					 and
(2) an annual reimbursement of
					 not more than $500 per child for DFPS approved child-related expenses if the
					 caregiver has obtained permanent managing conservatorship of the
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1007 - How do caregivers receive the monthly cash payment?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers meeting the eligibility
					 requirements specified in §
											700.1003
					 of this title (relating to What are the eligibility requirements for caregiver
					 assistance?) are eligible only if:
(1) the
					 household income of the caregiver does not exceed 300% of poverty, as
					 determined by federal poverty guidelines;
(2) the caregiver continues to comply with
					 the signed caregiver assistance agreement; and
(3) the children were placed in the
					 caregiver's home by DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1009 - How do caregivers receive the annual reimbursement?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers meeting the eligibility
					 requirements specified in §
											700.1003
					 of this title (relating to What are the eligibility requirements for caregiver
					 assistance?) are eligible only if:
(1) the
					 household income of the caregiver does not exceed 300% of poverty, as
					 determined by federal poverty guidelines;
(2) the caregiver is awarded permanent
					 managing conservatorship after September 1, 2017, for children that were
					 previously in the conservatorship of DFPS; and
(3) the caregiver continues to comply with
					 the signed caregiver assistance agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1013 - Who is eligible for child care services?

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section, the following terms have
					 the following meanings:
(1) "Child care
					 services" has the same meaning as "day care."
(2) "Day care" means the assessment, care,
					 training, education, custody, treatment, or supervision of a child in DFPS
					 conservatorship by a person other than the child's caregiver for less than 24
					 hours a day, but at least two hours a day, three or more days a week.
(3) Emergency placement that is in the
					 child's best interest" means that despite the exercise of reasonable diligence,
					 compliance with the Department's verification process regarding the
					 availability of community day care resources would interfere with a placement
					 that is in the child's best interest.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1015 - What rates will DFPS use to pay for child-care services?

Current through Reg. 49, No. 28; July 12, 2024
The rates of child-care assistance will be determined by
						the established local rates set by Child Care Management
						Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 1 - RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM › Section 700.1017 - Who is eligible for support services?

Current through Reg. 49, No. 28; July 12, 2024
To qualify for available support services, a caregiver
						must meet the eligibility requirements in §
											700.1003
						of this title (relating to What are the eligibility requirements for caregiver
						assistance?) and be a resident of Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1025 - What is the Permanency Care Assistance Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) The permanency care assistance program
					 provides the following benefits to certain individuals who assume permanent
					 managing conservatorship of a child who was previously in the temporary or
					 permanent managing conservatorship of DFPS, provided that all of the
					 eligibility criteria in this division are satisfied:
(1) monthly cash assistance benefits through
					 the last day of the month of the child's 18th birthday;
(2) Medicaid coverage on behalf of the child;
					 and
(3) a one-time reimbursement of
					 nonrecurring expenses relating to the legal process of becoming the permanent
					 managing conservator of the child, not to exceed $1,200 per child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1027 - What definitions apply to this division?

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1029 - What are the eligibility criteria for receipt of permanency care assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive
					 permanency care assistance for a child, a person must:
(1) become the permanent kinship conservator
					 of a child who meets all of the eligibility criteria in subsection (b) or (c)
					 of this section; and
(2) enter into
					 a permanency care assistance agreement with DFPS on behalf of the child prior
					 to becoming the child's permanent kinship conservator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1031 - How does a person become eligible for receipt of foster care reimbursement on behalf of a child for at least six consecutive months?

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who is licensed or verified to
					 provide 24-hour residential care for a child, as provided under Chapter 42,
					 Human Resources Code, and related Child Care Licensing rules, is eligible to
					 receive foster care reimbursement for a child who is in the temporary or
					 permanent managing conservatorship of DFPS and who is placed with that person
					 under a foster care agreement.
(b)
					 The simplest way for relatives or other individuals to become eligible to
					 receive foster care reimbursement on behalf of that child is to become a
					 verified foster parent through Child Protective Services or a private
					 child-placing agency and to enter into a Placement Authorization agreement with
					 DFPS to provide 24-hour residential care for the child.
(c) In order for a person to be eligible for
					 foster care reimbursements for a six-consecutive month period as required under
					 §
											700.1029(b)(2)
					 of this title (relating to What are the eligibility criteria for receipt of
					 permanency care assistance?), each of the following conditions must be
					 satisfied throughout the same consecutive six-month period:
(1) the child is living with the
					 person;
(2) the person must be
					 licensed or verified to care for the child;
(3) the person has entered into a Foster Care
					 Placement Authorization agreement for the care of the child and the agreement
					 remains in effect; and
(4) the
					 child remains in the sole managing conservatorship of DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1033 - How does a person become a verified or licensed foster parent?

Current through Reg. 49, No. 28; July 12, 2024
(a) To become a verified foster parent, a
					 person must apply for verification with Child Protective Services or a private
					 child-placing agency and be able to meet the minimum standards adopted by Child
					 Care Licensing that relate to verified foster parents under Chapter 749 of this
					 title (relating to Child-Placing Agencies), including standards relating to
					 fingerprint-based background checks and an approved home study.
(b) A relative or other person with whom a
					 child is placed by DFPS may obtain additional information on the eligibility
					 criteria and process for becoming a verified or licensed foster parent from the
					 child's caseworker or the link to Child Care Licensing information on the DFPS
					 public website at: http://www.dfps.state.tx.us.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1035 - Do the same standards apply to relatives of a child who apply to become a foster parent as any other person who applies to become a foster parent?

Current through Reg. 49, No. 28; July 12, 2024
Title IV-E of the federal Social Security Act requires
						that a state's child-care licensing agency apply the same standards to
						relatives who choose to become a foster parent as it applies to non-relatives,
						with the exception that the child-care licensing agency may, on a case-by-case
						basis, waive a non-safety related standard with respect to a relative child in
						care.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1037 - What is the process for entering into a permanency care assistance agreement?

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 30
					 days prior to the date on which a prospective permanent kinship conservator
					 anticipates being granted permanent managing conservatorship of the child by
					 the court, the prospective permanent kinship conservator must complete an
					 application for permanency care assistance, which can be obtained from the
					 child's caseworker. In addition to documenting the eligibility criteria for the
					 receipt of permanency care assistance, as specified in this subchapter, the
					 application may request additional information that will be used to negotiate
					 the amount of monthly payments for which the person may be eligible.
(b) After receiving a completed application,
					 and prior to the date on which permanent managing conservatorship is awarded to
					 the prospective permanent kinship conservator, DFPS will notify the applicant
					 of whether or not benefits are approved and, if so, negotiate the terms of the
					 permanency care assistance agreement with the prospective permanent kinship
					 conservator.
(c) Notwithstanding
					 subsection (a) of this section, if through no fault of the prospective
					 permanent kinship conservator there is insufficient time to submit the
					 application at least 30 days prior to the date of an anticipated award of
					 permanent managing conservatorship by the court, the application should be
					 submitted as soon as possible and DFPS will expedite its handling of the
					 application.
(d) The prospective
					 permanent kinship conservator must sign a permanency care assistance agreement
					 prior to becoming the child's permanent kinship conservator. Exceptions can be
					 made to this requirement only in certain circumstances, as described in §
					 700.1059 of this title (relating to Can a child still get benefits if a
					 permanency care assistance agreement was not signed before the permanent
					 kinship conservator was granted permanent managing conservatorship of the
					 child?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1039 - What is the amount of monthly payments that a permanent kinship conservator may receive under a permanency care assistance agreement?

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of monthly payments that will
					 be paid to a permanent kinship conservator will be negotiated between DFPS and
					 the prospective permanent kinship conservator prior to the signing of the
					 permanency care assistance agreement, based on the criteria specified in
					 subsection (b) of this section, subject to the maximum monthly payment amounts
					 specified in subsection (c) of this section. These amounts may be periodically
					 re-negotiated as circumstances change.
(b) The following factors are considered when
					 negotiating the amount of monthly permanency care assistance payments to be
					 made:
(1) the child's present need for
					 services will be assessed in relation to the permanent kinship conservator's
					 income, expenses, circumstances, and plans for the future;
(2) benefits are intended only to assist the
					 permanent kinship conservator in meeting the child's needs and the permanent
					 kinship conservator's responsibilities for meeting those needs;
(3) any and all sources of income and support
					 that are specifically designated for the child (such as Retirement, Survivors,
					 Disability Insurance (RSDI) or Veterans Administration (VA) benefits) must be
					 applied toward meeting the child's needs;
(4) whether a publicly funded source may be
					 used to meet the child's needs, even if the permanent kinship conservator does
					 not choose to take advantage of the publicly funded source; and
(5) a determination of the actual or
					 estimated costs of meeting the child's medical needs that cannot be met through
					 private insurance or Texas Medicaid.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1041 - What is the effective date of a permanency care assistance agreement and when will benefits begin?

Current through Reg. 49, No. 28; July 12, 2024
(a) Although
					 the permanency care assistance agreement must be signed prior to the
					 prospective permanent kinship conservator being awarded permanent managing
					 conservatorship of the child, except as provided in § 700.1059 of this
					 title (relating to Can a child still get benefits if a permanency care
					 assistance agreement was not signed before the permanent kinship conservator
					 was granted permanent managing conservatorship of the child?), the agreement
					 does not become effective until the date that permanent managing
					 conservatorship is granted to the permanent kinship conservator by the
					 court.
(b) Permanency care
					 assistance benefits are available beginning in the first month following the
					 date upon which the agreement becomes effective.
(c) Under no circumstances may a permanent
					 kinship conservator receive both foster care reimbursement and monthly
					 permanency care assistance payments for the same time period on behalf of the
					 same child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1043 - How and when is a permanent kinship conservator reimbursed for the costs of the nonrecurring expenses associated with obtaining permanent managing conservatorship of the child and how are these expenses calculated?

Current through Reg. 49, No. 28; July 12, 2024
(a) A permanent
					 kinship conservator who has entered into a permanency care assistance agreement
					 will not be reimbursed for nonrecurring expenses associated with obtaining
					 permanent managing conservatorship of the child who is the subject of the
					 agreement until after that person becomes the child's permanent managing
					 conservator.
(b) To obtain
					 reimbursement, the permanent kinship conservator must submit receipts or other
					 proof of payment, such as cancelled checks, to DFPS.
(c) The nonrecurring expenses for which a
					 person may be reimbursed include only those expenses incurred directly by the
					 permanent kinship conservator, or for which the permanent kinship conservator
					 was required to reimburse a third party, that were reasonable and necessary to
					 complete the legal process of becoming the child's permanent kinship
					 conservator. Such expenses may include the costs of obtaining a home study,
					 legal fees, court costs, health and psychological examinations, and
					 transportation and reasonable costs of lodging and food for the permanent
					 kinship conservator or the child.
(d) The permanent kinship conservator must
					 submit a claim for reimbursement and receipts or other proof of payment no more
					 than 18 months after obtaining permanent managing conservatorship of the
					 child.
(e) The maximum amount that
					 a permanent kinship conservator may be reimbursed for nonrecurring expenses is
					 $1,200 per child covered by a permanency care assistance agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1045 - If no assistance is needed at the time a person becomes the permanent kinship conservator, can that person still enter into a permanency care assistance agreement?

Current through Reg. 49, No. 28; July 12, 2024
Yes. If a prospective permanent kinship conservator meets
						the eligibility criteria for permanency care assistance, but does not need any
						monetary assistance or Medicaid to meet the child's needs at the time the court
						awards permanent managing conservatorship of the child, that person may enter
						into a deferred permanency care assistance agreement to preserve eligibility to
						receive permanency care assistance benefits for the child in the future, should
						the need arise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1047 - How long does the permanency care assistance agreement remain in effect?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1049 - What happens if a family's circumstances change after the permanency care assistance agreement is signed?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
					 permanent kinship conservator who enters into a permanency care assistance
					 agreement is responsible for notifying DFPS when any of the following changes
					 in circumstances occur with respect to the permanent kinship conservator or the
					 child who is the subject of the agreement:
(1) there is a change in name or
					 address;
(2) there is a change in
					 marital status;
(3) the child is no
					 longer living with the permanent kinship conservator;
(4) there is a change in the child's legal
					 status;
(5) the permanent kinship
					 conservator has identified a potential successor guardian; or
(6) there is any change in circumstances that
					 would warrant termination of the permanency care assistance agreement, as
					 described in §
												700.1047
					 of this title (relating to How long does the permanency care assistance
					 agreement remain in effect?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1051 - Is a permanent kinship conservator still eligible to receive permanency care assistance from Texas if the conservator moves outside the state?

Current through Reg. 49, No. 28; July 12, 2024
Yes. DFPS will continue to provide the monthly assistance
						payments specified in the permanency care assistance agreement no matter where
						the permanent kinship conservator resides, provided the permanent kinship
						conservator notifies DFPS of any change of address. DFPS provides Texas
						Medicaid coverage only if the state to which the permanent kinship conservator
						custodian moves does not agree to cover the child who is the subject of the
						permanency care assistance agreement under its state Medicaid
						program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1053 - Who is eligible for extended permanency care assistance?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1055 - If a person caring for a child in DFPS conservatorship does not qualify for permanency care assistance under this division, are there any other benefits to which that person may be entitled?

Current through Reg. 49, No. 28; July 12, 2024
A relative or other caregiver for a child in DFPS
						conservatorship who does not qualify for permanency care assistance may be
						eligible for benefits under Division 1 of this subchapter (relating to Relative
						or Other Designated Caregiver Program).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1057 - What rights does a person have if permanency care assistance benefits are denied?

Current through Reg. 49, No. 28; July 12, 2024
(a) A person has a
					 right to request a fair hearing whenever permanency care assistance benefits
					 are denied, delayed, suspended, reduced, or terminated. The hearing, as
					 described in §
											730.1102
					 of this title (relating to Definitions), provides the opportunity to have a
					 decision or action made by a DFPS employee reviewed by a higher authority
					 within DFPS.
(b) A request for fair
					 hearing must be submitted to DFPS in writing, within 90 days of the decision or
					 action being appealed.
(c)
					 Additional information regarding the fair hearing process is contained in DFPS
					 rules in Subchapter L, Fair Hearings, of Chapter 730 of this title (relating to
					 Legal Services).
(d)
					 Notwithstanding any other provision in this title, a person will not be granted
					 a fair hearing to appeal the denial of permanency care assistance if any of the
					 following conditions apply:
(1) the person
					 denied benefits was not a licensed or verified foster parent at the time the
					 person applied for or was denied permanency care assistance;
(2) the child for whom the application was
					 made did not live with the person for at least 6 consecutive months while in
					 the conservatorship of DFPS;
(3)
					 the person denied benefits became the managing conservator of the child prior
					 to September 1, 2010; or
(4) the
					 child for whom extended permanency care assistance benefits were denied turned
					 18 years of age before October 1, 2010.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1059 - Can a child still get benefits if a permanency care assistance agreement was not signed before the permanent kinship conservator was granted permanent managing conservatorship of the child?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes, but only after the permanent kinship
					 conservator requests a fair hearing and shows that there is good reason to
					 excuse the failure to have signed a permanency care assistance agreement. Some
					 good reasons that allow for a fair hearing are:
(1) DFPS did not inform the permanent kinship
					 conservator of the permanency care assistance program before the court granted
					 him or her permanent managing conservatorship of the child;
(2) The court awarded the permanent kinship
					 conservator permanent managing conservatorship of the child without prior
					 notice;
(3) DFPS knew facts
					 relevant to the child's eligibility for permanency care assistance but did not
					 disclose them to the permanent kinship conservator before the court awarded him
					 or her permanent managing conservatorship of the child; or
(4) DFPS made an error in determining that
					 the child was not eligible before the court granted permanent managing
					 conservatorship of the child to the permanent kinship conservator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter J - ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS › Division 2 - PERMANENCY CARE ASSISTANCE PROGRAM › Section 700.1061 - Does a child remain eligible for permanency care assistance payments in the event that the permanent kinship conservator dies or becomes incapacitated?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes.
					 Permanency care assistance payments may continue to a successor guardian if the
					 successor guardian meets the definition in §
											700.1027(7)
					 of this title (relating to What definitions apply to this division?).
(b) The successor guardian cannot
					 begin receiving permanency care assistance payments from DFPS until the
					 individual has signed a permanency care assistance agreement and has assumed
					 permanent managing conservatorship of the child.
(c) If the successor guardian signs the
					 permanency care assistance agreement after being granted legal custody of the
					 child by the court, DFPS may, for good cause, grant retroactive benefits back
					 to the date permanent managing conservatorship was granted, for a period not to
					 exceed 12 months, if the successor guardian can demonstrate that:
(1) DFPS caused a delay in the activation of
					 benefits; or
(2) The successor
					 guardian's failure to sign a permanency care assistance agreement prior to
					 being granted permanent managing conservatorship of the child was because the
					 successor guardian was not aware that the child remained eligible for
					 continuation of benefits in a subsequent conservatorship.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1101 - Eligibility and Priorities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Protective and Regulatory Services provides court-related
				  services only to children and parents who are eligible for services under the
				  criteria specified in §
										700.311 of
				  this title (relating to Eligible Individuals).
(b) Court-related investigative services are
				  provided according to the priorities and time frames specified in §
										700.505
				  of this title (relating to Priorities for Investigation and
				  Assessment).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1102 - Informing and Notifying Parents and Children

Current through Reg. 49, No. 28; July 12, 2024
To protect the legal rights of parents and children, the
					 Texas Department of Protective and Regulatory Services (PRS) must take the
					 following actions when providing court-related services.
(1) PRS must inform the parents and children
				  of every planned court action. Whenever possible, PRS must notify the parents
				  and children of a planned court action before the action takes place, unless
				  PRS suspects that the parents may try to move to avoid the court action. If PRS
				  suspects that the parents may try to move to avoid a court action, PRS may take
				  one of the following actions before informing the parents of the planned court
				  action:
(A) PRS may request a temporary
				  restraining order to prohibit the parents from removing the child from the
				  state before PRS completes an investigation of child abuse or neglect;
				  or
(B) PRS may take possession of
				  the child under the authority of a statute or a court order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1103 - Provision of In-home Services When an Emergency Hearing Cannot Be Held Within Legally Required Time Limits

Current through Reg. 49, No. 28; July 12, 2024
When the Texas Department of Protective and Regulatory
					 Services has removed a child from a home without a court order pursuant to
					 Texas Family Code (TFC), §262.104, and must return the child to the home
					 because an emergency hearing cannot be held within the time limits required in
					 TFC, §262.106(c), Protective Services for Families and Children must
					 provide whatever services it can in the home to protect the child from further
					 harm.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1104 - Affidavit of Relinquishment of Parental Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Protective and
				  Regulatory Services (PRS) accepts conservatorship through an affidavit of
				  relinquishment of parental rights only when the parents:
(1) want to give up parental rights
				  permanently;
(2) designate PRS as
				  the managing conservator; and
(3)
				  consent to PRS placing the child for adoption.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1105 - Diligent Search for Missing Parents

Current through Reg. 49, No. 28; July 12, 2024
(a) When the whereabouts of one or more
				  parents of a child in the Texas Department of Protective and Regulatory
				  Services' managing conservatorship is unknown, Child Protective Services must
				  make a diligent search for:
(1) each missing
				  parent.
(2) a parent, a
				  grandparent, or any adult sibling or child of each missing parent.