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. 38; September 20, 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:
(b) In the hearing, the permanent kinship conservator has the burden to prove both:
(c) If DFPS agrees that the child is eligible and the failure to have signed a permanency care assistance agreement should be excused, DFPS and the permanent kinship conservator can sign an agreed order and avoid having a fair hearing. The hearing officer must approve the agreed order, and the permanent kinship conservator must sign a permanency care assistance agreement consistent with its provisions, before he or she can receive benefits.