40 Tex. Admin. Code § 700.346 - Extended Foster Care
(a) Subject to
the availability of a placement approved by the Department of Family and
Protective Services (DFPS), a young adult may receive foster care assistance if
all of the following eligibility requirements are met:
(1) The young adult meets the requirements of
§
700.316 of this title (relating to
General Eligibility Requirements for Foster Care Assistance);
(2) The young adult turned 18 years of age
while in the temporary or permanent managing conservatorship of DFPS;
(3) The young adult signs and continues to
abide by the terms of a Voluntary Extended Foster Care Agreement, including
monthly caseworker visits and participation in all required extended foster
care review hearings under Subchapter G of Chapter 263, Texas Family
Code;
(4) The young adult provides
sufficient documentation on a periodic basis as required by the terms of the
young adult's Voluntary Extended Foster Care Agreement to demonstrate that
within 30 days of turning 18, the young adult is engaged in an eligible
activity. For the purposes of this section, an "eligible activity" includes:
(A) Regularly attending high school or 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) Being employed for
at least 80 hours per month; or
(E)
Being 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; and
(5) A young adult who is eligible for SSI,
RSDI, or another monthly benefit designated for the young adult's maintenance
and support agrees to allow DFPS to use any benefits received to offset the
young adult's cost of care pursuant to a voluntary extended foster care
financial agreement.
(b)
There is a presumption that a young adult is capable of the activities listed
in subsection (a)(4)(A) - (D) of this section. The presumption can be rebutted
if sufficient documentation is provided to verify the medical condition and
that the medical condition renders the young adult incapable of those
activities. Such documentation of a medical condition might include a
determination of disability from SSA, a determination of mental retardation, or
a statement from a medical doctor that verifies the activities of daily living
that the young adult is rendered incapable of performing as a result of the
medical condition.
(c) Eligibility
for extended foster care assistance ends on the earlier of the date a young
adult ceases to meet the eligibility requirements of this section or the end of
the month of the young adult's 21st birthday, except that a young adult who is
otherwise eligible may continue to receive benefits until the young adult's
22nd birthday if the young adult is regularly attending high school or a
program leading toward a high school diploma or high school equivalence
certificate.
(d) A young adult who
qualifies for extended foster care under this section may transition between
eligible activities for a period not to exceed 30 days. A transition period in
excess of 30 days, including a failure to provide sufficient documentation of
participation in an eligible activity, will be considered a cessation of
eligibility and will result in the termination of extended foster care
assistance.
(e) A young adult may
return to extended foster care at any time prior to the month before the young
adult's 21st birthday, provided all the requirements in subsections (a) - (c)
of this section are met.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.