A prospective permanent managing conservator has a right to request a fair hearing whenever Permanency Care Assistance is denied, delayed, suspended, reduced, or terminated. The request must be filed in writing within 90 days following the decision to deny, delay, suspend, reduce or terminate PCA benefits.

Circumstances under Which a Fair Hearing Is Not Available

Fair hearings are not available if any of the following are true:

• The person who is denied benefits was not a licensed or verified foster parent when the person applied or when the person was denied.
• The child for whom the application was made did not live with the prospective managing conservator for at least six consecutive months while in DFPS conservatorship.
• The person denied benefits became the child’s permanent managing conservator before September 1, 2010.
• The child for whom extended PCA benefits were denied turned 18 years of age before October 1, 2010.

DFPS Rules, 40 TAC §700.1057External Link