B. What Should Courts Do?

The court must inform relative and designated caregivers serving as placement for a child of the ability to become a licensed foster parent and apply for PCA at the Adversary Hearing, Status Hearing, and Permanency Hearings Before and After a final order. Tex. Fam. Code § 262.201(n-1); Tex. Fam. Code § 263.202(h)(2)(i); Tex. Fam. Code § 263.306(c)(2); and Tex. Fam. Code § 263.5031(3).

Before awarding PMC to a kinship caregiver under this program and dismissing DFPS from a case, the court should ensure that:

•   DFPS has determined that reunification and adoption are not appropriate permanency options for the child;

•   The caregiver is verified (being verified refers to the family being approved as a foster home under the minimum standards set by Licensing. HHSC licenses child placing agencies, and in turn, child placing agencies verify foster homes);

•   The child has been placed with the verified kin for at least six months following the date of the verification; and

•   DFPS and the kinship caregiver have signed a PCA Agreement, and it is on file prior to the award of PMC to the caregiver; that is, the child must be in the TMC or PMC of DFPS on the day before PMC is transferred to the relative.

The one-year deadline to dismiss a case still applies. For example, if the 12-month deadline is approaching, and a child has not lived with their verified caregiver for at least six months after the verification, the case must be extended under Tex. Fam. Code § 263.401 or PMC must be awarded to DFPS in order to allow sufficient time to satisfy the 6-month verified foster care requirement prior to the relative being awarded PMC.

Before entering a final order that awards permanent custody of a child in DFPS conservatorship to a relative, the court must verify that the relative was offered the opportunity to become a licensed foster placement to qualify for a PCA agreement and that the relative declined and the child placing agency has been notified of the declination. Tex. Fam. Code § 263.409.