1. (a) Subject to the availability of an appropriate licensed placement, a former foster youth may return to foster care if the following eligibility criteria are met:

   1. (1) The youth was in the managing conservatorship of the Department of Family and Protective Services (DFPS) the day before the youth's 18th birthday. For eligibility purposes, it does not matter if the youth was on runaway status or in an unauthorized DFPS placement on this date;

   2. (2) The youth is between the ages of

      1. (A) 18 and 21 years old and is;

         1. (i) Enrolled or to be enrolled within 30 days of placement in a technical or vocational program;
         2. (ii) Enrolled or to be enrolled within 30 days of placement in high-school or in a course of instruction to prepare for the high school equivalency examination; or
         3. (iii) Returning on a break from college or a technical or vocational program for at least one month but no more than four months; or
      2. (B) 18 and 22 years old and enrolled in and attending full time a high school or a program leading toward a high school diploma;
   3. (3) The youth signs a voluntary agreement to return to care; and

   4. (4) The youth does not have a:

      1. (A) Felony conviction of an offense under Title 5, Title 6, Chapter 29 of Title 7, Chapter 43 or §42.072 of Title 9, §15.031 of Title 4, or §38.17 of Title 8 of the Texas Penal Code (TPC), or any like offense under the law of another state or federal law which is based on an action committed on the youth's 18th birthday or after, or is based on an act committed under the age of 18 and a juvenile court waived its jurisdiction and transferred the child to a criminal court; or
      2. (B) A finding of physical or sexual abuse of a child in this state or any other state which is based on an action committed on the youth's 18th birthday or after.

2. (b) At the sole discretion of DFPS, a youth may be precluded from returning to foster care if the youth has a:

   1. (1) Misdemeanor conviction under the TPC or the Texas Controlled Substances Act, a felony conviction not listed in subsection (a)(4)(A) of this section, or any like offense under the law of another state or federal law; or
   2. (2) Finding of neglect of a child, a finding of abuse of a child that is not listed in subsection (a)(4)(B) of this section, or any like finding in this state or any other state.
3. (c) Continuing eligibility for any youth is contingent upon compliance with all requirements, including the voluntary agreement to return to care. No benefits are available past the month the youth turns 21 years old unless the requirements of subsection (a)(2)(B) of this section are met, but in no event may benefits be paid under this provision past the month in which a youth turns 22 years old.

Source Note:The provisions of this §700.346 adopted to be effective September 1, 2007, 32 TexReg 5386; amended to be effective December 1, 2010, 35 TexReg 9743.