(a) Yes. Permanency care assistance payments may continue to a successor guardian if the successor guardian meets the definition in §700.1027(7) of this title (relating to What definitions apply to this division?).
(b) The successor guardian cannot begin receiving permanency care assistance payments from DFPS until the individual has signed a permanency care assistance agreement and has assumed permanent managing conservatorship of the child.
(c) If the successor guardian signs the permanency care assistance agreement after being granted legal custody of the child by the court, DFPS may, for good cause, grant retroactive benefits back to the date permanent managing conservatorship was granted, for a period not to exceed 12 months, if the successor guardian can demonstrate that:
  (1) DFPS caused a delay in the activation of benefits; or
  (2) The successor guardian's failure to sign a permanency care assistance
agreement prior to being granted permanent managing conservatorship of the child was because the successor guardian was not aware that the child remained eligible for continuation of benefits in a subsequent conservatorship.
(d) The terms and conditions of the permanency care assistance agreement originally signed by the previous permanent kinship conservator will also apply to the successor guardian. This means that the successor guardian:
  (1) is entitled to a one-time reimbursement of nonrecurring expenses not to exceed $1,200 per child;
  (2) is entitled to receive the child’s benefits for the same duration determined in the original agreement signed by the previous permanent kinship conservator;
  (3) may exercise his or her right to a fair hearing if benefits are denied, delayed, suspended, or reduced; and
  (4) must abide by the same conditions for continuation of permanency care assistance payments, including, but not limited to, annual notification, certification, and documentation requirements.

Source Note: The provisions of this §700.1061 adopted to be effective January 19, 2017, 42 TexReg 84