1. (a) Under certain circumstances, the Texas Department of Family and Protective Services (DFPS) will continue to make foster care payments to a provider on behalf of a child who is no longer in that provider's care, in order to reserve space for the child's anticipated return to that provider at a date in the near future. The maximum duration of continued payments to the provider during a child's absence is subject to the limitations set forth in this section.

2. (b) Payments to a provider for foster care during a child's absence will only be made if each of the following conditions are met:

   1. (1) DFPS plans to return the child to the provider at the end of the absence;
   2. (2) The provider agrees to reserve space for the child's return for as long as payments are made in the child's absence; and
   3. (3) DFPS is not making foster care payments on behalf of this same child to any other provider during the child's absence.
3. (c) If a child is temporarily absent from an emergency shelter or other provider contracted to provide emergency care, DFPS may continue to pay the provider for not more than five additional days during the child's absence.
4. (d) If a child's temporary absence from non-emergency foster care is authorized by DFPS, DFPS may continue to pay the foster care provider for not more than 30 days during the child's absence, unless a greater period of payment is approved by the Child Protective Services (CPS) program administrator. DFPS may pay for not more than 90 days of care during a child's authorized absence if the CPS program administrator approves. In unusual circumstances, payments may continue for an authorized absence of longer than 90 days with prior written approval by the CPS director. If a child's temporary absence from non-emergency care is not authorized by DFPS, DFPS may pay for not more than 15 additional days of care during the child's unauthorized absence.

Source Note:The provisions of this §700.323 adopted to be effective June 1, 2000, 25 TexReg 3292; amended to be effective September 1, 2007, 32 TexReg 5386.