81R10366 UM-D
By: Leibowitz H.B. No. 3157
A BILL TO BE ENTITLED
AN ACT
relating to establishing a kinship caregiver 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 CAREGIVER ASSISTANCE PROGRAM
Sec. 264.851. DEFINITIONS. In this subchapter:
(1) "Kinship caregiver" means a relative who provides
substitute care 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.
(2) "Relative" means a person related to a child by
consanguinity as determined under Section 573.022, Government
Code.
Sec. 264.852. RULES. (a) The executive commissioner shall
adopt rules necessary to implement the kinship caregiver assistance
program. The rules must:
(1) establish eligibility requirements to receive
kinship caregiver assistance benefits under the program; and
(2) provide for the amount of kinship caregiver
assistance payments under the program.
(b) In adopting rules regarding kinship caregiver
assistance payments, the executive commissioner shall ensure that
kinship caregiver assistance payments are equal to the monetary
assistance available for a foster care provider caring for the
child for whom the kinship caregiver 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 caregiver
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
caregiver 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.