| 1 | 1 | | 81R10366 UM-D |
|---|
| 2 | 2 | | By: Leibowitz H.B. No. 3157 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to establishing a kinship caregiver assistance program. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 264, Family Code, is amended by adding |
|---|
| 10 | 10 | | Subchapter K to read as follows: |
|---|
| 11 | 11 | | SUBCHAPTER K. KINSHIP CAREGIVER ASSISTANCE PROGRAM |
|---|
| 12 | 12 | | Sec. 264.851. DEFINITIONS. In this subchapter: |
|---|
| 13 | 13 | | (1) "Kinship caregiver" means a relative who provides |
|---|
| 14 | 14 | | substitute care for a child for whom the department had been |
|---|
| 15 | 15 | | appointed managing conservator, but who is not licensed or |
|---|
| 16 | 16 | | certified to operate a foster home, foster group home, agency |
|---|
| 17 | 17 | | foster home, or agency foster group home under Chapter 42, Human |
|---|
| 18 | 18 | | Resources Code. |
|---|
| 19 | 19 | | (2) "Relative" means a person related to a child by |
|---|
| 20 | 20 | | consanguinity as determined under Section 573.022, Government |
|---|
| 21 | 21 | | Code. |
|---|
| 22 | 22 | | Sec. 264.852. RULES. (a) The executive commissioner shall |
|---|
| 23 | 23 | | adopt rules necessary to implement the kinship caregiver assistance |
|---|
| 24 | 24 | | program. The rules must: |
|---|
| 25 | 25 | | (1) establish eligibility requirements to receive |
|---|
| 26 | 26 | | kinship caregiver assistance benefits under the program; and |
|---|
| 27 | 27 | | (2) provide for the amount of kinship caregiver |
|---|
| 28 | 28 | | assistance payments under the program. |
|---|
| 29 | 29 | | (b) In adopting rules regarding kinship caregiver |
|---|
| 30 | 30 | | assistance payments, the executive commissioner shall ensure that |
|---|
| 31 | 31 | | kinship caregiver assistance payments are equal to the monetary |
|---|
| 32 | 32 | | assistance available for a foster care provider caring for the |
|---|
| 33 | 33 | | child for whom the kinship caregiver is caring. |
|---|
| 34 | 34 | | (c) To the extent permitted by federal law, the department |
|---|
| 35 | 35 | | shall use federal funds available under Title IV-E, Social Security |
|---|
| 36 | 36 | | Act (42 U.S.C. Section 670 et seq.), to administer the program under |
|---|
| 37 | 37 | | this subchapter. |
|---|
| 38 | 38 | | (d) A person may not concurrently receive kinship caregiver |
|---|
| 39 | 39 | | assistance payments under this subchapter and relative caregiver |
|---|
| 40 | 40 | | assistance under Subchapter I. |
|---|
| 41 | 41 | | SECTION 2. Not later than December 1, 2009, the executive |
|---|
| 42 | 42 | | commissioner of the Health and Human Services Commission shall |
|---|
| 43 | 43 | | adopt rules for implementing and administering the kinship |
|---|
| 44 | 44 | | caregiver assistance program under Subchapter K, Chapter 264, |
|---|
| 45 | 45 | | Family Code, as added by this Act. |
|---|
| 46 | 46 | | SECTION 3. If before implementing any provision of this Act |
|---|
| 47 | 47 | | a state agency determines that a waiver or authorization from a |
|---|
| 48 | 48 | | federal agency is necessary for implementation of that provision, |
|---|
| 49 | 49 | | the agency affected by the provision shall request the waiver or |
|---|
| 50 | 50 | | authorization and may delay implementing that provision until the |
|---|
| 51 | 51 | | waiver or authorization is granted. |
|---|
| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|