81R9507 MCK-D
By: Turner of Harris H.B. No. 2040
A BILL TO BE ENTITLED
AN ACT
relating to establishing a kinship guardian assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 264, Family Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. KINSHIP GUARDIAN ASSISTANCE PROGRAM
Sec. 264.851. DEFINITIONS. In this subchapter:
(1) "Kinship guardian" means a relative who:
(A) provides substitute care for six consecutive
months for a child for whom the department had been appointed
managing conservator, but who is not licensed or certified to
operate a foster home, foster group home, agency foster home, or
agency foster group home under Chapter 42, Human Resources Code;
and
(B) is subsequently appointed permanent managing
conservator of the child.
(2) "Relative" means a person related to a child by
consanguinity as determined under Section 573.022, Government
Code.
Sec. 264.852. KINSHIP GUARDIAN ASSISTANCE PROGRAM. (a)
The executive commissioner shall adopt rules necessary to implement
a kinship guardian assistance program. The rules must:
(1) provide for the amount of kinship guardian
assistance payments 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).
(b) In adopting rules regarding kinship guardian assistance
payments, the executive commissioner shall ensure that kinship
guardian assistance payments are equal to or less than the monetary
assistance available for a foster care provider caring for the
child for whom the kinship guardian is caring.
(c) To the extent permitted by federal law, the department
shall use federal funds available under Title IV-E, Social Security
Act (42 U.S.C. Section 670 et seq.), to administer the program under
this subchapter.
(d) A person may not concurrently receive kinship guardian
assistance payments under this subchapter and relative caregiver
assistance under Subchapter I.
SECTION 2. Not later than December 1, 2009, the executive
commissioner of the Health and Human Services Commission shall
adopt rules for implementing and administering the kinship guardian
assistance program under Subchapter K, Chapter 264, Family Code, as
added by this Act.
SECTION 3. 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 4. This Act takes effect September 1, 2009.