(a) The amount of monthly payments that will be paid to a permanent kinship conservator will be negotiated between DFPS and the prospective permanent kinship conservator prior to the signing of the permanency care assistance agreement, based on the criteria specified in subsection (b) of this section, subject to the maximum monthly payment amounts specified in subsection (c) of this section. These amounts may be periodically re-negotiated as circumstances change.
(b) The following factors are considered when negotiating the amount of monthly permanency care assistance payments to be made:
  (1) the child's present need for services will be assessed in relation to the permanent kinship conservator's income, expenses, circumstances, and plans for the future;
  (2) benefits are intended only to assist the permanent kinship conservator in meeting the child's needs and the permanent kinship conservator's responsibilities for meeting those needs;
  (3) any and all sources of income and support that are specifically designated for the child (such as Retirement, Survivors, Disability Insurance (RSDI) or Veterans Administration (VA) benefits) must be applied toward meeting the child's needs;
  (4) whether a publicly funded source may be used to meet the child's needs, even if the permanent kinship conservator does not choose to take advantage of the publicly funded source; and
  (5) a determination of the actual or estimated costs of meeting the child's medical needs that cannot be met through private insurance or Texas Medicaid.
(c) The maximum monthly payment amount depends upon the child's authorized service level (ASL) at the time the permanency care assistance agreement is negotiated. The payment ceiling for a child whose ASL is Basic Care is $400 per month; the payment ceiling for a child whose ASL is Moderate, Specialized or Intense is $545 per month.

Source Note: The provisions of this §700.1039 adopted to be effective March 1, 2010, 35 TexReg 878; amended to be effective January 19, 2017, 42 TexReg 84