| 1 | 1 | | 81R9507 MCK-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 2040 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing a kinship guardian assistance program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 264, Family Code, is amended by adding |
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| 10 | 10 | | Subchapter K to read as follows: |
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| 11 | 11 | | SUBCHAPTER K. KINSHIP GUARDIAN ASSISTANCE PROGRAM |
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| 12 | 12 | | Sec. 264.851. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Kinship guardian" means a relative who: |
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| 14 | 14 | | (A) provides substitute care for six consecutive |
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| 15 | 15 | | months for a child for whom the department had been appointed |
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| 16 | 16 | | managing conservator, but who is not licensed or certified to |
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| 17 | 17 | | operate a foster home, foster group home, agency foster home, or |
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| 18 | 18 | | agency foster group home under Chapter 42, Human Resources Code; |
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| 19 | 19 | | and |
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| 20 | 20 | | (B) is subsequently appointed permanent managing |
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| 21 | 21 | | conservator of the child. |
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| 22 | 22 | | (2) "Relative" means a person related to a child by |
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| 23 | 23 | | consanguinity as determined under Section 573.022, Government |
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| 24 | 24 | | Code. |
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| 25 | 25 | | Sec. 264.852. KINSHIP GUARDIAN ASSISTANCE PROGRAM. (a) |
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| 26 | 26 | | The executive commissioner shall adopt rules necessary to implement |
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| 27 | 27 | | a kinship guardian assistance program. The rules must: |
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| 28 | 28 | | (1) provide for the amount of kinship guardian |
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| 29 | 29 | | assistance payments under the program; and |
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| 30 | 30 | | (2) ensure that the program conforms to the |
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| 31 | 31 | | requirements for federal assistance as required by the Fostering |
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| 32 | 32 | | Connections to Success and Increasing Adoptions Act of 2008 (Pub. |
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| 33 | 33 | | L. No. 110-351). |
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| 34 | 34 | | (b) In adopting rules regarding kinship guardian assistance |
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| 35 | 35 | | payments, the executive commissioner shall ensure that kinship |
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| 36 | 36 | | guardian assistance payments are equal to or less than the monetary |
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| 37 | 37 | | assistance available for a foster care provider caring for the |
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| 38 | 38 | | child for whom the kinship guardian is caring. |
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| 39 | 39 | | (c) To the extent permitted by federal law, the department |
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| 40 | 40 | | shall use federal funds available under Title IV-E, Social Security |
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| 41 | 41 | | Act (42 U.S.C. Section 670 et seq.), to administer the program under |
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| 42 | 42 | | this subchapter. |
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| 43 | 43 | | (d) A person may not concurrently receive kinship guardian |
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| 44 | 44 | | assistance payments under this subchapter and relative caregiver |
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| 45 | 45 | | assistance under Subchapter I. |
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| 46 | 46 | | SECTION 2. Not later than December 1, 2009, the executive |
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| 47 | 47 | | commissioner of the Health and Human Services Commission shall |
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| 48 | 48 | | adopt rules for implementing and administering the kinship guardian |
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| 49 | 49 | | assistance program under Subchapter K, Chapter 264, Family Code, as |
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| 50 | 50 | | added by this Act. |
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| 51 | 51 | | SECTION 3. If before implementing any provision of this Act |
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| 52 | 52 | | a state agency determines that a waiver or authorization from a |
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| 53 | 53 | | federal agency is necessary for implementation of that provision, |
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| 54 | 54 | | the agency affected by the provision shall request the waiver or |
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| 55 | 55 | | authorization and may delay implementing that provision until the |
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| 56 | 56 | | waiver or authorization is granted. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2009. |
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