Texas Child Protection Law Bench Book
August 2015 edition
C. How Does PCA Affect Older Youth?
First, older youth must be consulted about the PCA plan. For youth who are between the ages of 16 and 18 when PCA agreements are signed, the relative or fictive kin who then take legal custody of these youth can continue to receive PCA support until the youth turns 21 years of age, so long as certain educational and/or employment eligibility requirements are met by the youth. Youth in this category can also apply for educational training vouchers (ETVs) for vocational or college pursuits, by contacting regional PAL staff.
If DFPS first entered into a PCA agreement with a foster child’s kinship provider after the child’s 16th birthday, DFPS may continue to provide PCA payments until the last day of the month of the child’s 21st birthday under Tex. Fam. Code § 264.855, provided the child is:
• Regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;
• Regularly attending an institution of higher education or a post-secondary vocational or technical program;
• Participating in a program or activity that promotes, or removes barriers to, employment;
• Employed for at least 80 hours a month; or
• Incapable of performing the activities described above due to a documented medical condition. Tex. Fam. Code § 264.855.
DFPS may not enter into PCA Agreement after August 31, 2017, but shall continue to make payments after that date under a PCA agreement entered into on or before August 31, 2017, according to the terms of the agreement. Tex. Fam. Code § 264.857.