81R16013 T
By: Hernandez H.B. No. 4426
A BILL TO BE ENTITLED
AN ACT
relating to extending foster care coverage for certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.003, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In the context of a suit affecting the parent-child
relationship filed by any party as defined by the Texas Family Code,
Title V, Sec. 102.003, "child" includes a person who:
(1) is not a citizen of the United States;
(2) is under 21 years of age;
(3) does not have a parent in the United States with
the ability to provide care for or maintain physical custody of the
person due to abuse, neglect, or abandonment; and
(4) is either:
(A) enrolled in a program leading toward a high
school diploma or high school equivalency certificate; or
(B) subject to a court order naming a managing
conservator for the person.
SECTION 2. Section 102.009, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Service of citation on the parents of a child may be
waived as provided by Section 287(h), Immigration and Nationality
Act (8 U.S.C. Section 1357(h)), if the suit involves a child who is
not a United States citizen described by Section 101(a)(27)(J),
Immigration and Nationality Act (8 U.S.C. Section 1101(a)(27)(J)).
SECTION 3. Section 264.101(a-1), Family Code, is amended 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 later of:
(1) the date the child attains the age of 18; [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
(3) for a child classified as a special immigrant
under Section 101(a)(27)(J), Immigration and Nationality Act (8
U.S.C. Section 1101(a)(27)(J)), the date:
(A) special immigrant status is revoked by the
United States Department of Homeland Security; or
(B) the child becomes a permanent resident of the
United States.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.