1542 Eligibility Requirements for Title IV-E, MAO, and State-Paid Foster Care Assistance
CPS 2001-05 1285-1512 DRAFT
Rule
Effective Date of Eligibility A child is eligible for aid to families with dependent children [Title IV-E], medical assistance only [MAO], or state-paid foster care on the earliest date that all applicable eligibility requirements are met.
DFPS Rules, 40 TAC §700.319 (Brackets added.)
Rule
For The child must meet all of the following eligibility criteria to be eligible for Title IV-E, MAO, or state-paid foster care assistance, see DFPS Rule §730.316.
Responsibility for Placement and Care [DFPS] must have the responsibility for the child's placement and care. This requirement is met if:
· The child is placed in [DFPS'] managing conservatorship by written court order issued under Title 5, Texas Family Code
· he child is placed by [DFPS] under the statutory authorization of §262.104, Texas Family Code
or
· The child lives with his minor parent, and the minor parent is in [DFPS]' managing conservatorship. The child and the minor parent must reside together in the same foster family home or child-care institution.
Age, If Not Attending School The child must be less than 18 years old.
Note: When a youth in foster care turns 18, the youth's eligibility for foster care assistance ends on the last day of the month of his 18th birthday, unless the youth is attending high school or taking vocational or technical training classes as specified in [the next item, Age, If Attending School].
Age, If Attending School A youth's eligibility for foster care assistance can be extended until the end of the month of his graduation from high school or the end of the month of his completion of vocational or technical training classes when . . . the following conditions are satisfied . . . . The youth must
· Be receiving foster care assistance during the month of his 18th birthday
· Be attending high school as a full-time student (as defined by the school)
or
· Be taking vocational or technical training classes as an alternative to attending high school as a full-time student
and
· Be scheduled to graduate from high school or complete the vocational or technical training classes specified above before or during the month of his 19th birthday
or
· Graduate from high school before or during the month of his 20th birthday as specified below in the special note regarding state-paid foster care assistance
Special Condition Affecting Title IV-E Foster Care Assistance If a youth receives a General Education Development (GED) degree and enrolls in vocational or technical training classes before her 18th birthday, the youth's eligibility for Title IV-E foster care assistance may be extended until the end of the month in which she completes or withdraws from the vocational or technical training, as long as the youth is scheduled to complete the training before or during the month of her 19th birthday.
Special Condition Affecting State-Paid Foster Care Assistance A youth who is scheduled to graduate from high school after his 19th birthday is eligible to receive state-paid foster care assistance from the beginning of the first full month following his 18th birthday until the end of the month of his graduation or withdrawal as long as the youth is scheduled to graduate from high school before or during the month of his 20th birthday.
If a youth has been accepted for admission to a college or vocational program that does not begin immediately, the youth's eligibility for state-paid foster care assistance can be extended for a period not to exceed three-and-a-half months following the end of the month in which the youth graduated from high school or completed the GED. In these situations, the youth qualifies for state-paid foster care assistance at a level of care (LOC) 1.
DFPS Rules, 40 TAC §700.316(1)-(3) (Brackets added.)
Note: Completion of an Individual Education Plan (IEP) is considered equivalent to graduation from high school. Attending full-time, General Education Development (GED) classes is considered equivalent to attending vocational or technical training classes.
Important: The preceding special condition regarding the continuation of state-paid foster care assistance past age 19 applies only to full-time, high school students and students working to complete their IEPs. It does not apply to youths who are attending GED classes or taking vocational or technical training classes instead of attending high school.
The remainder of 1542 is unchanged.