(a) Each permanent kinship conservator who enters into a permanency care assistance agreement is responsible for notifying DFPS when any of the following changes in circumstances occur with respect to the permanent kinship conservator or the child who is the subject of the agreement:
  (1) there is a change in name or address;
  (2) there is a change in marital status;
  (3) the child is no longer living with the permanent kinship conservator;
  (4) there is a change in the child's legal status;
  (5) the permanent kinship conservator has identified a potential successor guardian; or
  (6) there is any change in circumstances that would warrant termination of the permanency care assistance agreement, as described in §700.1047 of this title (relating to How long does the permanency care assistance agreement remain in effect?).
(b) If the permanent kinship conservator is not already receiving the maximum monthly assistance payment allowable for the child, the conservator may submit a written request to increase the monthly assistance payments, specifying the change in circumstances that may justify an increase in the payment amount. Any request for an increase in the monthly payment amount is subject to the same requirements and limitations described in §700.1039 of this title (relating to What is the amount of monthly payments that a permanent kinship conservator may receive under a permanency care assistance agreement?).
(c) DFPS may periodically require a permanent kinship conservator to recertify continued eligibility for the receipt of benefits as provided under the permanency care assistance agreement and these rules. A request for recertification must be completed and returned to DFPS within 60 days of receipt. Failure to promptly provide the recertification information may result in an overpayment, which DFPS may require the permanent kinship conservator to repay or which DFPS may deduct from any future benefits under a repayment plan.
(d) DFPS may periodically require documentation from the permanent kinship conservator that is sufficient to demonstrate that the child who is the subject of the permanency care assistance agreement and who has attained the minimum age for compulsory school attendance in Texas or the child's state of residence is a full-time elementary or secondary student as that term is defined in §700.1027 of this title (relating to What definitions apply to this division?). DFPS may require such documentation to include proof sufficient to demonstrate that the child is rendered incapable of being a full-time elementary or secondary student because of a medical condition.

Source Note: The provisions of this §700.1049 adopted to be effective March 1, 2010, 35 TexReg 878; amended to be effective January 19, 2017, 42 TexReg 84