(a) Yes, but only after the permanent kinship conservator requests a fair hearing and shows that there is good reason to excuse the failure to have signed a permanency care assistance agreement. Some good reasons that allow for a fair hearing are:
  (1) DFPS did not inform the permanent kinship conservator of the permanency care assistance program before the court granted him or her permanent managing conservatorship of the child;
  (2) The court awarded the permanent kinship conservator permanent managing conservatorship of the child without prior notice;
  (3) DFPS knew facts relevant to the child's eligibility for permanency care assistance but did not disclose them to the permanent kinship conservator before the court awarded him or her permanent managing conservatorship of the child; or
  (4) DFPS made an error in determining that the child was not eligible before the court granted permanent managing conservatorship of the child to the permanent kinship conservator.
(b) In the hearing, the permanent kinship conservator has the burden to prove both:
  (1) the reason for not having signed a permanency care assistance agreement before being awarded permanent managing conservatorship of the child; and
  (2) that the child meets all eligibility requirements.
(c) If DFPS agrees that the child is eligible and the failure to have signed a permanency care assistance agreement should be excused, DFPS and the permanent kinship conservator can sign an agreed order and avoid having a fair hearing. The hearing officer must approve the agreed order, and the permanent kinship conservator must sign a permanency care assistance agreement consistent with its provisions, before he or she can receive benefits.

Source Note: The provisions of this §700.1059 adopted to be effective January 19, 2017, 42 TexReg 84