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?

(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:

(b) If the permanent kinship conservator is not already receiving the maximum monthly assistance payment allowable for the child, the conservator may submit a written request to increase the monthly assistance payments, specifying the change in circumstances that may justify an increase in the payment amount. Any request for an increase in the monthly payment amount is subject to the same requirements and limitations described in § 700.1039 of this title (relating to What is the amount of monthly payments that a permanent kinship conservator may receive under a permanency care assistance agreement?).

(c) DFPS may periodically require a permanent kinship conservator to recertify continued eligibility for the receipt of benefits as provided under the permanency care assistance agreement and these rules. A request for recertification must be completed and returned to DFPS within 60 days of receipt. Failure to promptly provide the recertification information may result in an overpayment, which DFPS may require the permanent kinship conservator to repay or which DFPS may deduct from any future benefits under a repayment plan.

(d) DFPS may periodically require documentation from the permanent kinship conservator that is sufficient to demonstrate that the child who is the subject of the permanency care assistance agreement and who has attained the minimum age for compulsory school attendance in Texas or the child's state of residence is a full-time elementary or secondary student as that term is defined in § 700.1027 of this title (relating to What definitions apply to this division?). DFPS may require such documentation to include proof sufficient to demonstrate that the child is rendered incapable of being a full-time elementary or secondary student because of a medical condition.