H.B. No. 1151
AN ACT
relating to suits affecting the parent-child relationship,
including temporary orders, orders for modification, adoption
assistance, and foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.062(c), Family Code, is amended to
read as follows:
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; [or]
(3) benefits paid in accordance with the Temporary
Assistance for Needy Families program; or
(4) payments for foster care of a child [aid for
families with dependent children].
SECTION 2. Section 156.006(b), Family Code, is amended to
read as follows:
(b) While a suit for modification is pending, the court may
not render a temporary order that has the effect of changing the
designation of the person who has the exclusive right to designate
the primary residence of the child under the final order unless the
temporary order is in the best interest of the child and:
(1) the order is necessary because the child's present
circumstances would significantly impair the child's physical
health or emotional development;
(2) the person designated in the final order has
voluntarily relinquished the primary care and possession of the
child for more than six months [and the temporary order is in the
best interest of the child]; or
(3) the child is 12 years of age or older and has
expressed to [filed with] the court in chambers as provided by
Section 153.009 [in writing] the name of the person who is the
child's preference to have the exclusive right to designate the
primary residence of the child [and the temporary order designating
that person is in the best interest of the child].
SECTION 3. Section 156.101, Family Code, is amended to read
as follows:
Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. The court
may modify an order that provides for the appointment of a
conservator of a child, that provides the terms and conditions of
conservatorship, or that provides for the possession of or access
to a child if modification would be in the best interest of the
child and:
(1) the circumstances of the child, a conservator, or
other party affected by the order have materially and substantially
changed since the earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
(2) the child is at least 12 years of age and has
expressed to [filed with] the court in chambers as provided by
Section 153.009 [, in writing,] the name of the person who is the
child's preference to have the exclusive right to designate the
primary residence of the child; or
(3) the conservator who has the exclusive right to
designate the primary residence of the child has voluntarily
relinquished the primary care and possession of the child to
another person for at least six months.
SECTION 4. Section 162.3041, Family Code, is amended by
adding Subsection (a-1) and amending Subsection (d) to read as
follows:
(a-1) Notwithstanding Subsection (a), if the department
first entered into an adoption assistance agreement with a child's
adoptive parents after the child's 16th birthday, the department
shall, in accordance with rules adopted by the executive
commissioner of the Health and Human Services Commission, offer
adoption assistance after the child's 18th birthday to the child's
adoptive parents under an existing adoption agreement until the
last day of the month of the child's 21st birthday, provided the
child is:
(1) regularly attending high school or enrolled in a
program leading toward a high school diploma or high school
equivalency certificate;
(2) regularly attending an institution of higher
education or a postsecondary vocational or technical program;
(3) participating in a program or activity that
promotes, or removes barriers to, employment;
(4) employed for at least 80 hours a month; or
(5) incapable of doing any of the activities described
by Subdivisions (1)-(4) due to a documented medical condition.
(d) If the legislature does not appropriate sufficient
money to provide adoption assistance to the adoptive parents of all
children described by Subsection (a), the department shall provide
adoption assistance only to the adoptive parents of children
described by Subsection (a)(1). The department is not required to
provide adoption assistance benefits under Subsection (a-1) unless
the department is specifically appropriated funds for purposes of
that subsection.
SECTION 5. Subchapter A, Chapter 264, Family Code, is
amended by adding Section 264.015 to read as follows:
Sec. 264.015. TRAINING. The department shall include
training in trauma-informed programs and services in any training
the department provides to foster parents, adoptive parents,
kinship caregivers, and department caseworkers. The department
shall pay for the training provided under this section with gifts,
donations, and grants and any federal money available through the
Fostering Connections to Success and Increasing Adoptions Act of
2008 (Pub. L. No. 110-351).
SECTION 6. Section 264.101, Family Code, is amended by
amending Subsections (a-1) and (d) and adding Subsection (a-2) to
read as follows:
(a-1) The department shall continue to pay the cost of
foster care for a child for whom the department provides care,
including medical care, until the last day of the month in which
[later of:
[(1) the date] the child attains the age of 18. The
department shall continue to pay the cost of foster care for a child
after the month in which the child attains the age of 18 as long as
the child is:
(1) regularly attending[; or
[(2) the date the child graduates from] high school or
[ceases to be] enrolled in a [secondary school in a] program leading
toward a high school diploma or high school equivalency
certificate;
(2) regularly attending an institution of higher
education or a postsecondary vocational or technical program;
(3) participating in a program or activity that
promotes, or removes barriers to, employment;
(4) employed for at least 80 hours a month; or
(5) incapable of performing the activities described
by Subdivisions (1)-(4) due to a documented medical condition.
(a-2) The department shall continue to pay the cost of
foster care under:
(1) Subsection (a-1)(1) until the last day of the
month in which the child attains the age of 22; and
(2) Subsections (a-1)(2)-(5) until the last day of the
month the child attains the age of 21.
(d) The executive commissioner of the Health and Human
Services Commission may adopt rules that establish criteria and
guidelines for the payment of foster care, including medical care,
for a child and for providing care for a child after the child
becomes 18 years of age if the child meets the requirements for
continued foster care under Subsection (a-1) [is regularly
attending an institution of higher education or a vocational or
technical program].
SECTION 7. Sections 264.751(1) and (3), Family Code, are
amended to read as follows:
(1) "Designated caregiver" means an individual who has
a longstanding and significant relationship with a child for whom
the department has been appointed managing conservator and who:
(A) is appointed to provide substitute care for
the child, but is not licensed by the department or verified by a
licensed child-placing agency or the department [certified] to
operate a foster home, foster group home, agency foster home, or
agency foster group home under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
(3) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not licensed by the department or verified by a licensed
child-placing agency or the department [certified] to operate a
foster home, foster group home, agency foster home, or agency
foster group home under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
SECTION 8. Subchapter I, Chapter 264, Family Code, is
amended by adding Section 264.760 to read as follows:
Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
this subchapter, a relative or other designated caregiver who
becomes licensed by the department or verified by a licensed
child-placing agency or the department to operate a foster home,
foster group home, agency foster home, or agency foster group home
under Chapter 42, Human Resources Code, may receive foster care
payments in lieu of the benefits provided by this subchapter,
beginning with the first month in which the relative or other
designated caregiver becomes licensed or is verified.
SECTION 9. Chapter 264, Family Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. PERMANENCY CARE ASSISTANCE PROGRAM
Sec. 264.851. DEFINITIONS. In this subchapter:
(1) "Foster child" means a child who is or was in the
temporary or permanent managing conservatorship of the department.
(2) "Kinship provider" means a relative of a foster
child, or another adult with a longstanding and significant
relationship with a foster child before the child was placed with
the person by the department, with whom the child resides for at
least six consecutive months after the person becomes licensed by
the department or verified by a licensed child-placing agency or
the department to provide foster care.
(3) "Permanency care assistance agreement" means a
written agreement between the department and a kinship provider for
the payment of permanency care assistance benefits as provided by
this subchapter.
(4) "Permanency care assistance benefits" means
monthly payments paid by the department to a kinship provider under
a permanency care assistance agreement.
(5) "Relative" means a person related to a foster
child by consanguinity or affinity.
Sec. 264.852. PERMANENCY CARE ASSISTANCE AGREEMENTS. (a)
The department shall enter into a permanency care assistance
agreement with a kinship provider who is eligible to receive
permanency care assistance benefits.
(b) The department may enter into a permanency care
assistance agreement with a kinship provider who is the prospective
managing conservator of a foster child only if the kinship provider
meets the eligibility criteria under federal and state law and
department rule.
(c) A court may not order the department to enter into a
permanency care assistance agreement with a kinship provider unless
the kinship provider meets the eligibility criteria under federal
and state law and department rule, including requirements relating
to the criminal history background check of a kinship provider.
(d) A permanency care assistance agreement may provide for
reimbursement of the nonrecurring expenses a kinship provider
incurs in obtaining permanent managing conservatorship of a foster
child, including attorney's fees and court costs. The
reimbursement of the nonrecurring expenses under this subsection
may not exceed $2,000.
Sec. 264.853. RULES. The executive commissioner shall
adopt rules necessary to implement the permanency care assistance
program. The rules must:
(1) establish eligibility requirements to receive
permanency care assistance benefits under the program; and
(2) ensure that the program conforms to the
requirements for federal assistance as required by the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Pub.
L. No. 110-351).
Sec. 264.854. MAXIMUM PAYMENT AMOUNT. The executive
commissioner shall set the maximum monthly amount of assistance
payments under a permanency care assistance agreement in an amount
that does not exceed the amount of the monthly foster care
maintenance payment the department would pay to a foster care
provider caring for the child for whom the kinship provider is
caring.
Sec. 264.855. CONTINUED ELIGIBILITY FOR PERMANENCY CARE
ASSISTANCE BENEFITS AFTER AGE 18. If the department first entered
into a permanency care assistance agreement with a foster child's
kinship provider after the child's 16th birthday, the department
may continue to provide permanency care assistance payments until
the last day of the month of the child's 21st birthday, provided the
child is:
(1) regularly attending high school or enrolled in a
program leading toward a high school diploma or high school
equivalency certificate;
(2) regularly attending an institution of higher
education or a postsecondary vocational or technical program;
(3) participating in a program or activity that
promotes, or removes barriers to, employment;
(4) employed for at least 80 hours a month; or
(5) incapable of any of the activities described by
Subdivisions (1)-(4) due to a documented medical condition.
Sec. 264.856. APPROPRIATION REQUIRED. The department is
not required to provide permanency care assistance benefits under
this subchapter unless the department is specifically appropriated
money for purposes of this subchapter.
SECTION 10. Section 153.008, Family Code, is repealed.
SECTION 11. The change in law made by this Act to Section
154.062(c), Family Code, applies only to a proceeding to establish
or modify a child support obligation that is pending in a trial
court on or filed on or after the effective date of this Act.
SECTION 12. The changes in law made by this Act by the
amendment of Sections 156.006(b) and 156.101, Family Code, apply to
a suit for modification filed on or after the effective date of this
Act. A suit for modification filed before that date is governed by
the law in effect on the date the suit was filed, and the former law
is continued in effect for that purpose.
SECTION 13. (a) Not later than April 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement and administer the changes to Sections
162.3041 and 264.101, Family Code, as amended by this Act, and
Subchapter K, Chapter 264, Family Code, as added by this Act.
(b) The rules adopted under Subsection (a) of this section
shall provide that no payment for adoption assistance or permanency
care assistance can be paid on behalf of a child over the age of 17
for any month prior to October 1, 2010.
(c) The rules adopted under Subsection (a) of this section
shall provide that no payment of foster care benefits can be made
under the amendments to Section 264.101, Family Code, with respect
to a child over the age of 17 for any month prior to October 1, 2010,
unless the child was eligible for foster care benefits after age 17
under the law and rules as they existed prior to the effective date
of this Act.
SECTION 14. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 15. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 16. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1151 was passed by the House on May 5,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1151 on May 29, 2009, by the following vote: Yeas 141, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1151 was passed by the Senate, with
amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor