81R9788 MCK-D
By: Van de Putte S.B. No. 2061
A BILL TO BE ENTITLED
AN ACT
relating to financial assistance for voluntary caregivers of a
child during an investigation by the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter I, Chapter 264, Family
Code, is amended to read as follows:
SUBCHAPTER I. RELATIVE AND OTHER DESIGNATED CAREGIVER
PLACEMENT PROGRAM; VOLUNTARY PLACEMENT PROGRAM
SECTION 2. Section 264.751, Family Code, is amended by
adding Subdivision (4) to read as follows:
(4) "Voluntary caregiver" means a person with whom a
parent or other person with legal custody of a child who is the
subject of an investigation by the department under Chapter 261
voluntarily places the child to prevent the possible removal of the
child by the department.
SECTION 3. Subchapter I, Chapter 264, Family Code, is
amended by adding Section 264.7521 to read as follows:
Sec. 264.7521. VOLUNTARY CAREGIVER PLACEMENT PROGRAM. (a)
The department shall develop a program to:
(1) promote temporary stability for each child who is
not in the conservatorship of the department but is placed
voluntarily with a relative or other adult with whom the child has a
longstanding and significant relationship; and
(2) facilitate voluntary caregiver placements by
providing assistance and services to those caregivers.
(b) To be eligible for assistance and services under this
section, a voluntary caregiver must:
(1) provide voluntary care for at least 60 days; and
(2) meet additional eligibility criteria established
by rule.
(c) The executive commissioner shall adopt rules necessary
to implement this section. The rules must:
(1) include eligibility criteria for receiving
assistance and services under this section; and
(2) provide that assistance and services under this
section may be provided only while the department is conducting an
investigation of or providing family-based safety services to a
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian of the child.
SECTION 4. Sections 264.755(a) and (b), Family Code, are
amended to read as follows:
(a) The department shall, subject to the availability of
funds, enter into a caregiver assistance agreement with each
relative caregiver, [or other] designated caregiver, or voluntary
caregiver to provide monetary assistance and additional support
services to the caregiver. The monetary assistance and support
services shall be based on a family's need, as determined by rules
adopted by the executive commissioner.
(b) Monetary assistance provided under this section must
include a one-time cash payment of not more than $1,000 to the
caregiver on the initial placement of a child or a sibling
group. The cash payment must be provided on the initial placement
of each child with the relative caregiver or designated caregiver,
or on the 60th day after the date the child is placed with a
voluntary caregiver, and is provided to assist the caregiver in
purchasing essential child-care items such as furniture and
clothing.
SECTION 5. This Act takes effect September 1, 2009.