SECTION 700.1728. Who is eligible for post-permanency services?

(a) The Department of Family and Protective Services' (DFPS's) provision of purchased post-permanency services is subject to the availability of funds appropriated for that purpose. When funds are available, and subject to any additional eligibility requirements for specific types of post-permanency services as provided in (DFPS's) rules, DFPS provides purchased post-permanency services to the child and the child's family if each of the following four conditions is satisfied:

(1) either:

(A) the department or a licensed Texas child-placing agency served as the child's managing conservator, placed the child for adoption, and the placement resulted in a court-order consummating the adoption. If a licensed Texas child-placing agency served as the child's managing conservator and placed the child for adoption, the department must be providing Title IV-E adoption assistance to the child; or

(B) the department or a licensed Texas child-placing agency served as the child's managing conservator and a kinship caregiver was granted permanent managing conservatorship of the child with or without permanency care assistance;

(2) if the child was adopted, the adoption is still intact or if the child is in a

permanent managing conservatorship the child is still with that caregiver;

(3) the adoptive parent or permanent managing conservator, as

applicable, has requested post-permanency services; and

(4) the child is under 18. If determined necessary by DFPS, services may continue for up to 90 days past the child's 18th birthday in order to ensure an orderly termination of services.

(b) Notwithstanding subsection (a)(4) of this section, if services begin during a child's 17th year, they may continue for as long as six months after the child's 18th birthday.

Source Note: The provisions of this §700.1728 adopted to be effective July 1, 2015, 40 TexReg 4220; amended to be effective January 19, 2017, 42 TexReg 84