Current through Reg. 49, No. 38; September 20, 2024
(a) A child or young adult must meet all of
the following criteria to be eligible for Title IV-E or state-paid foster care
assistance.
(1) Responsibility for placement
and care. Except as provided in subsection (c) of this section, the Texas
Department of Family and Protective Services (DFPS) must have responsibility
for the child's placement and care. This requirement is met if:
(A) The child is placed in DFPS's managing
conservatorship by written court order issued under Title 5, Texas Family
Code;
(B) DFPS takes possession of
the child under Texas Family Code Chapter 262;
(C) The child lives with his minor parent,
and the minor parent is in DFPS's managing conservatorship. The child and the
minor parent must reside together in the same foster family home or residential
child-care operation;
(D) The young
adult was in DFPS's conservatorship on the day before turning 18, has signed a
voluntary Extended Foster Care Agreement, and meets all of the eligibility
requirements in §
700.346 of
this title (relating to Extended Foster Care); or
(E) The child lives with a parent who is
receiving extended foster care assistance, except that in some instances the
parent may be required to apply for Medicaid on the child's behalf under §
700.346 of
this title.
(2) Age. The
child must be under 18 years old, unless he or she qualifies for extended
foster care assistance under §
700.346 of
this title.
(3) Placement. The
child must be receiving care in a placement that:
(A) Meets the definition of "foster family
home" or "child-care institution" as those terms are defined by
42 U.S.C.
§672(c); and
(B) Is approved by DFPS. If the child is in
foster family care and the foster family moves out of state with the agreement
of DFPS, the child's eligibility for foster care assistance will be reviewed
every 90 days for continued DFPS approval and to determine continued
eligibility.
(b) In order to qualify for Medical
Assistance Only (MAO), a child must meet the following requirements:
(1) DFPS must have responsibility for the
child's placement and care, as defined in subsection (a)(1) of this section.
The child may be in a licensed or unlicensed placement, as long as he or she
remains in DFPS's managing conservatorship and is not eligible for Medicaid
through another program.
(2) The
child must be under the age of 18 years.
(c) A young adult who was previously under
the placement and care responsibility of DFPS on the day before turning 18 and
who is under guardianship of the Department of Aging and Disability Services
(DADS) on or after turning 18 is eligible for continued foster care maintenance
payments as provided under §
700.346 of
this title except that:
(1) Once the guardian
has been appointed, DFPS will file a notice of termination of the family
court's jurisdiction, and the guardian is not required to agree to an extension
of the family court's jurisdiction, under Texas Family Code Chapter 263,
Subchapter G, as the probate court has continual oversight of the young adult's
case;
(2) Case management,
including monthly caseworker visits, are handled by the DADS guardian;
and
(3) The young adult does not
sign a Voluntary Extended Foster Care Agreement; rather, the guardian agrees to
the appropriateness of the extended foster care placement on the young adult's
behalf and complies with any corresponding documentation requirements DFPS may
establish.
(d)
Notwithstanding any other provision in this section, a child is not eligible
for foster care assistance, including any costs associated with the provision
of medical care, if:
(1) DFPS was named
conservator of the child (or the minor parent of a child described in
subsection (a)(1)(C) of this section) in a legal proceeding in which DFPS did
not seek to be awarded managing conservatorship of the child;
(2) The child is placed in a detention center
or facility awaiting a detention hearing; or
(3) The child is placed by a court having
juvenile justice or criminal jurisdiction in a public institution as defined at
42 CFR
§435.1009, or a residential child-care
facility as defined in Human Resources Code, §
42.002, as the result
of a juvenile justice or criminal proceeding, adjudication, or
conviction.
(e) For the
purposes of this subchapter, references to the term "child" also refer to a
young adult who is receiving extended foster care assistance as provided in
§
700.346 of
this title, unless the context clearly indicates otherwise.
