(a) Youth are eligible to continue receiving permanency care assistance from the youth's 18th birthday through the last day of the month in which the youth turns 21 if the following criteria are met:
  (1) The permanent kinship conservator is granted permanent managing conservatorship of the youth after the child's 16th birthday and before the child's 18th birthday; and
  (2) The permanent kinship conservator provides sufficient documentation on a periodic basis as required by the permanency care assistance agreement to demonstrate that the youth is:
    (A) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalence certificate;
    (B) regularly attending an institution of higher education or a post-secondary vocational or technical program;
    (C) actively participating in a program or activity that promotes, or removes barriers to, employment;
    (D) employed for at least 80 hours per month; or
    (E) incapable of performing any of the activities listed in subparagraphs (A) - (D) of this paragraph due to a documented medical condition, as further described in subsection (b) of this section.
(b) There is a presumption that a youth is capable of the activities listed in subsection (a)(2)(A) - (D) of this section. The presumption can be rebutted only if sufficient documentation is provided to verify the medical condition and that the medical condition renders the youth incapable of those activities. Such documentation of a medical condition might include a determination of disability from the Social Security Administration, a determination of mental retardation, or a statement from a medical doctor. In addition, documentation must also verify the activities of daily living that the youth is rendered incapable of performing as a result of that medical condition.
(c) Notwithstanding any other provision in this subchapter, no individual will be eligible for extended permanency care assistance prior to October 1, 2010.

Source Note: The provisions of this §700.1053 adopted to be effective March 1, 2010, 35 TexReg 878; amended to be effective January 19, 2017, 42 TexReg 84