A deferred agreement for Permanency Care Assistance is a written agreement between the prospective permanent managing conservator and DFPS to negotiate PCA at a future date, if the need arises.

Deferred agreements are used when the following are true:

• The child and the prospective managing conservator meet the eligibility requirements for PCA when the court awards permanent managing conservatorship. This includes meeting the requirement of signing the PCA agreement before transferring managing conservatorship of the child to the kinship caregiver.
• The prospective managing conservator is able to meet the child’s current needs.
• The negotiator anticipates that the prospective managing conservator will need assistance meeting the child’s needs in the future.

Under the terms of a deferred agreement, the following must be true:

• The family and child’s eligibility for PCA is already established.
• If the family and child require assistance in the future, the family and DFPS negotiate at that time for specific benefits, including Medicaid, monthly financial assistance, or both.

The existence of a deferred agreement eliminates the need for a fair hearing for PCA.

DFPS Rules, 40 TAC §700.1045External Link