The following terms have the following meanings in this division:
  (1) Deferred permanency care assistance agreement--A type of permanency care assistance agreement that may be entered into when a kinship caregiver meets the eligibility criteria for receipt of permanency care assistance, but does not need any assistance at the time the agreement is signed; a deferred permanency care assistance agreement allows a person to preserve eligibility to receive permanency care assistance in the future, should the need for such assistance arise.
  (2) Elementary or secondary student--A child who is:
    (A) enrolled or in the process of enrolling in an institution which provides elementary or secondary education in accordance with Texas law or the law of the state in which the child resides;
    (B) instructed in elementary or secondary education at home in accordance with Texas law or the law of the state in which the child resides;
    (C) in an independent study elementary or secondary education program, administered by a school or school district, in accordance with Texas law or the law of the state in which the child resides; or
    (D) incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information.
  (3) Extended permanency care assistance--Permanency care assistance benefits that are payable on behalf of an eligible youth after the youth's 18th birthday through the last day of the month in which the youth turns 21, as provided under §700.1053 of this title (relating to Who is eligible for extended permanency care assistance?).
  (4) Permanency care assistance agreement--A negotiated, written and legally binding agreement that is signed by DFPS and a prospective permanent kinship conservator setting forth the specific terms and conditions of the agreement, including the types and amounts of permanency care assistance benefits that will be provided under the agreement.
  (5) Permanent kinship conservator--A relative or other individual with a prior longstanding and significant relationship to a child who was in the temporary or permanent managing conservatorship of DFPS immediately prior to permanent managing conservatorship being granted to that person. The term does not include a parent of the child or other person from whom the child was legally removed by DFPS.
  (6) Prospective permanent kinship conservator--A relative or other individual with a prior longstanding and significant relationship to a child who was in the temporary or permanent managing conservatorship of DFPS who has demonstrated a strong commitment to caring permanently for the child and who applies for or has entered into a permanency care assistance agreement with DFPS, but has not yet been granted permanent managing conservatorship of the child.
  (7) Successor guardian--A person who:
    (A) was named as a successor to the permanent kinship conservator in the permanency care assistance agreement or in an amendment to that agreement;
    (B) is granted legal custody of the child upon the death or incapacitation of the permanent kinship conservator;
    (C) meets all DFPS standards regarding background checks;
    (D) signs a new permanency care assistance agreement with DFPS; and
    (E) receives permanency care assistance for the child.

Source Note: The provisions of this §700.1027 adopted to be effective March 1, 2010, 35 TexReg 878; amended to be effective January 19, 2017, 42 TexReg 84