1 | 1 | | 81R9788 MCK-D |
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2 | 2 | | By: Van de Putte S.B. No. 2061 |
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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 financial assistance for voluntary caregivers of a |
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8 | 8 | | child during an investigation by the Department of Family and |
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9 | 9 | | Protective Services. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. The heading to Subchapter I, Chapter 264, Family |
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12 | 12 | | Code, is amended to read as follows: |
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13 | 13 | | SUBCHAPTER I. RELATIVE AND OTHER DESIGNATED CAREGIVER |
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14 | 14 | | PLACEMENT PROGRAM; VOLUNTARY PLACEMENT PROGRAM |
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15 | 15 | | SECTION 2. Section 264.751, Family Code, is amended by |
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16 | 16 | | adding Subdivision (4) to read as follows: |
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17 | 17 | | (4) "Voluntary caregiver" means a person with whom a |
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18 | 18 | | parent or other person with legal custody of a child who is the |
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19 | 19 | | subject of an investigation by the department under Chapter 261 |
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20 | 20 | | voluntarily places the child to prevent the possible removal of the |
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21 | 21 | | child by the department. |
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22 | 22 | | SECTION 3. Subchapter I, Chapter 264, Family Code, is |
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23 | 23 | | amended by adding Section 264.7521 to read as follows: |
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24 | 24 | | Sec. 264.7521. VOLUNTARY CAREGIVER PLACEMENT PROGRAM. (a) |
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25 | 25 | | The department shall develop a program to: |
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26 | 26 | | (1) promote temporary stability for each child who is |
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27 | 27 | | not in the conservatorship of the department but is placed |
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28 | 28 | | voluntarily with a relative or other adult with whom the child has a |
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29 | 29 | | longstanding and significant relationship; and |
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30 | 30 | | (2) facilitate voluntary caregiver placements by |
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31 | 31 | | providing assistance and services to those caregivers. |
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32 | 32 | | (b) To be eligible for assistance and services under this |
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33 | 33 | | section, a voluntary caregiver must: |
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34 | 34 | | (1) provide voluntary care for at least 60 days; and |
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35 | 35 | | (2) meet additional eligibility criteria established |
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36 | 36 | | by rule. |
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37 | 37 | | (c) The executive commissioner shall adopt rules necessary |
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38 | 38 | | to implement this section. The rules must: |
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39 | 39 | | (1) include eligibility criteria for receiving |
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40 | 40 | | assistance and services under this section; and |
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41 | 41 | | (2) provide that assistance and services under this |
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42 | 42 | | section may be provided only while the department is conducting an |
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43 | 43 | | investigation of or providing family-based safety services to a |
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44 | 44 | | parent, managing conservator, possessory conservator, guardian, |
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45 | 45 | | caretaker, or custodian of the child. |
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46 | 46 | | SECTION 4. Sections 264.755(a) and (b), Family Code, are |
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47 | 47 | | amended to read as follows: |
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48 | 48 | | (a) The department shall, subject to the availability of |
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49 | 49 | | funds, enter into a caregiver assistance agreement with each |
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50 | 50 | | relative caregiver, [or other] designated caregiver, or voluntary |
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51 | 51 | | caregiver to provide monetary assistance and additional support |
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52 | 52 | | services to the caregiver. The monetary assistance and support |
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53 | 53 | | services shall be based on a family's need, as determined by rules |
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54 | 54 | | adopted by the executive commissioner. |
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55 | 55 | | (b) Monetary assistance provided under this section must |
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56 | 56 | | include a one-time cash payment of not more than $1,000 to the |
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57 | 57 | | caregiver on the initial placement of a child or a sibling |
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58 | 58 | | group. The cash payment must be provided on the initial placement |
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59 | 59 | | of each child with the relative caregiver or designated caregiver, |
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60 | 60 | | or on the 60th day after the date the child is placed with a |
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61 | 61 | | voluntary caregiver, and is provided to assist the caregiver in |
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62 | 62 | | purchasing essential child-care items such as furniture and |
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63 | 63 | | clothing. |
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64 | 64 | | SECTION 5. This Act takes effect September 1, 2009. |
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