SECTION 700.1731. Who is eligible for post-permanency counseling?

(a) Post-permanency counseling includes:

(1) Diagnostic and assessment services;

(2) Individual, group, and family counseling; and

(3) Day treatment.

(b) Post-permanency counseling is provided as follows:

(1) Post-permanency counseling services are ordinarily restricted to a child who was in the conservatorship of the Department of Family and Protective Services and was adopted or exited into a permanent managing conservatorship and the child's adoptive parents or permanent managing conservator, as applicable, if they meet the requirements for client eligibility specified in §700.1728 of this title (relating to Who is eligible for post-permanency services?).

(2) Siblings under 18, however, may also receive post-permanency counseling services if:

(A) they are living in the household; and

(B) their need for counseling stems from the child's placement in the family.

(3) Diagnostic and assessment services are restricted to the adopted child or child placed in a permanent managing conservatorship. For the child to receive diagnostic and assessment services, the child's case record must include written documentation that the child is not eligible to receive diagnostic testing under state or federal programs that provide such testing through the child's school.

(c) The services listed in subsection (a) of this section are provided for the following length of time:

(1) up to 12 hours per a 12 month period for diagnostic and assessment services.

(2) up to 12 hours per family member for any combination of counseling services received per a 6 month period.

(3) up to 2 weeks of daily intensive treatment for the child over a 6 month period.

(d) Notwithstanding subsection (b) of this section, a caregiver may submit a written request justifying the need to exceed the maximum length of services to the Child Protective Services (CPS) Regional Liaison and the CPS Contract Manager at least 10 calendar days prior to the need for the service.

Source Note: The provisions of this §700.1731 adopted to be effective December 1, 1994, 19 TexReg 8692; amended to be effective July 1, 2015, 40 TexReg 4220; amended to be effective January 19, 2017, 42 TexReg 84