Texas 2009 - 81st Regular

Texas Senate Bill SB2080 Compare Versions

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1	1	S.B. No. 2080
2	2
3	3
4	4	AN ACT
5	5	relating to treating and reducing child abuse and neglect and
6	6	improving child welfare, including providing assistance for
7	7	adoptive parents and foster care providers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. In this Act, "task force" means the task force
10	10	established under this Act to establish a strategy for reducing
11	11	child abuse and neglect and improving child welfare.
12	12	SECTION 2. (a) The task force consists of nine members
13	13	appointed as follows:
14	14	(1) five members appointed by the governor;
15	15	(2) two members appointed by the lieutenant governor;
16	16	and
17	17	(3) two members appointed by the speaker of the house
18	18	of representatives.
19	19	(b) Members of the task force must be individuals who are
20	20	actively involved in the fields of the prevention of child abuse and
21	21	neglect and child welfare. The appointment of members must reflect
22	22	the geographic diversity of the state.
23	23	(c) A member of the task force is not entitled to
24	24	compensation for service on the task force but is entitled to
25	25	reimbursement for travel expenses as provided by Chapter 660,
26	26	Government Code, and the General Appropriations Act.
27	27	(d) The task force shall elect a presiding officer by a
28	28	majority vote of the membership of the task force.
29	29	(e) The task force shall meet at the call of the presiding
30	30	officer.
31	31	(f) Chapter 2110, Government Code, does not apply to the
32	32	task force.
33	33	SECTION 3. (a) The task force shall establish a strategy
34	34	for reducing child abuse and neglect and for improving child
35	35	welfare in this state. In establishing that strategy, the task
36	36	force shall:
37	37	(1) gather information concerning child safety, child
38	38	abuse and neglect, and child welfare throughout the state;
39	39	(2) review the exemptions from criminal liability
40	40	provided under the Penal Code to a mother who injures her unborn
41	41	child by using a controlled substance, as defined by Chapter 481,
42	42	Health and Safety Code, other than a controlled substance legally
43	43	obtained by prescription, during her pregnancy and examine the
44	44	effect that repealing the exemptions will have on reducing the
45	45	number of babies who are born addicted to a controlled substance;
46	46	(3) receive reports and testimony from individuals,
47	47	state and local agencies, community-based organizations, and other
48	48	public and private organizations;
49	49	(4) create goals for state policy that would improve
50	50	child safety, prevent child abuse and neglect, and improve child
51	51	welfare; and
52	52	(5) submit a strategic plan to accomplish those goals.
53	53	(b) The strategic plan submitted under Subsection (a) of
54	54	this section may include proposals for specific statutory changes,
55	55	the creation of new programs, and methods to foster cooperation
56	56	among state agencies and between the state and local government.
57	57	SECTION 4. (a) The task force shall consult with employees
58	58	of the Department of Family and Protective Services, the Department
59	59	of State Health Services, and the Texas Department of Criminal
60	60	Justice as necessary to accomplish the task force's
61	61	responsibilities under this Act.
62	62	(b) The task force may cooperate as necessary with any other
63	63	appropriate state agency.
64	64	SECTION 5. (a) The governor, lieutenant governor, and
65	65	speaker of the house of representatives shall appoint the members
66	66	of the task force not later than October 1, 2009.
67	67	(b) Not later than August 1, 2011, the task force shall
68	68	submit the strategic plan required by Section 3 of this Act to the
69	69	governor, lieutenant governor, and speaker of the house of
70	70	representatives.
71	71	(c) The task force is abolished and this Act expires on
72	72	September 1, 2011.
73	73	SECTION 6. (a) Section 162.3041, Family Code, is amended
74	74	by adding Subsection (a-1) and amending Subsection (d) to read as
75	75	follows:
76	76	(a-1) Notwithstanding Subsection (a), if the department
77	77	first entered into an adoption assistance agreement with a child's
78	78	adoptive parents after the child's 16th birthday, the department
79	79	shall, in accordance with rules adopted by the executive
80	80	commissioner of the Health and Human Services Commission, offer
81	81	adoption assistance after the child's 18th birthday to the child's
82	82	adoptive parents under an existing adoption agreement until the
83	83	last day of the month of the child's 21st birthday, provided the
84	84	child is:
85	85	(1) regularly attending high school or enrolled in a
86	86	program leading toward a high school diploma or high school
87	87	equivalency certificate;
88	88	(2) regularly attending an institution of higher
89	89	education or a postsecondary vocational or technical program;
90	90	(3) participating in a program or activity that
91	91	promotes, or removes barriers to, employment;
92	92	(4) employed for at least 80 hours a month; or
93	93	(5) incapable of doing any of the activities described
94	94	by Subdivisions (1)-(4) due to a documented medical condition.
95	95	(d) If the legislature does not appropriate sufficient
96	96	money to provide adoption assistance to the adoptive parents of all
97	97	children described by Subsection (a), the department shall provide
98	98	adoption assistance only to the adoptive parents of children
99	99	described by Subsection (a)(1). The department is not required to
100	100	provide adoption assistance benefits under Subsection (a-1) unless
101	101	the department is specifically appropriated funds for purposes of
102	102	that subsection.
103	103	(b) Section 264.101, Family Code, is amended by amending
104	104	Subsections (a-1) and (d) and adding Subsection (a-2) to read as
105	105	follows:
106	106	(a-1) The department shall continue to pay the cost of
107	107	foster care for a child for whom the department provides care,
108	108	including medical care, until the last day of the month in which
109	109	[later of:
110	110	[(1) the date] the child attains the age of 18. The
111	111	department shall continue to pay the cost of foster care for a child
112	112	after the month in which the child attains the age of 18 as long as
113	113	the child is:
114	114	(1) regularly attending[; or
115	115	[(2) the date the child graduates from] high school or
116	116	[ceases to be] enrolled in a [secondary school in a] program leading
117	117	toward a high school diploma or high school equivalency
118	118	certificate;
119	119	(2) regularly attending an institution of higher
120	120	education or a postsecondary vocational or technical program;
121	121	(3) participating in a program or activity that
122	122	promotes, or removes barriers to, employment;
123	123	(4) employed for at least 80 hours a month; or
124	124	(5) incapable of performing the activities described
125	125	by Subdivisions (1)-(4) due to a documented medical condition.
126	126	(a-2) The department shall continue to pay the cost of
127	127	foster care under:
128	128	(1) Subsection (a-1)(1) until the last day of the
129	129	month in which the child attains the age of 22; and
130	130	(2) Subsections (a-1)(2)-(5) until the last day of the
131	131	month the child attains the age of 21.
132	132	(d) The executive commissioner of the Health and Human
133	133	Services Commission may adopt rules that establish criteria and
134	134	guidelines for the payment of foster care, including medical care,
135	135	for a child and for providing care for a child after the child
136	136	becomes 18 years of age if the child meets the requirements for
137	137	continued foster care under Subsection (a-1) [is regularly
138	138	attending an institution of higher education or a vocational or
139	139	technical program].
140	140	(c) Subdivisions (1) and (3), Section 264.751, Family Code,
141	141	are amended to read as follows:
142	142	(1) "Designated caregiver" means an individual who has
143	143	a longstanding and significant relationship with a child for whom
144	144	the department has been appointed managing conservator and who:
145	145	(A) is appointed to provide substitute care for
146	146	the child, but is not licensed by the department or verified by a
147	147	licensed child-placing agency or the department [certified] to
148	148	operate a foster home, foster group home, agency foster home, or
149	149	agency foster group home under Chapter 42, Human Resources Code; or
150	150	(B) is subsequently appointed permanent managing
151	151	conservator of the child after providing the care described by
152	152	Paragraph (A).
153	153	(3) "Relative caregiver" means a relative who:
154	154	(A) provides substitute care for a child for whom
155	155	the department has been appointed managing conservator, but who is
156	156	not licensed by the department or verified by a licensed
157	157	child-placing agency or the department [certified] to operate a
158	158	foster home, foster group home, agency foster home, or agency
159	159	foster group home under Chapter 42, Human Resources Code; or
160	160	(B) is subsequently appointed permanent managing
161	161	conservator of the child after providing the care described by
162	162	Paragraph (A).
163	163	(d) Subchapter I, Chapter 264, Family Code, is amended by
164	164	adding Section 264.760 to read as follows:
165	165	Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
166	166	PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
167	167	this subchapter, a relative or other designated caregiver who
168	168	becomes licensed by the department or verified by a licensed
169	169	child-placing agency or the department to operate a foster home,
170	170	foster group home, agency foster home, or agency foster group home
171	171	under Chapter 42, Human Resources Code, may receive foster care
172	172	payments in lieu of the benefits provided by this subchapter,
173	173	beginning with the first month in which the relative or other
174	174	designated caregiver becomes licensed or is verified.
175	175	(e) Chapter 264, Family Code, is amended by adding
176	176	Subchapter K to read as follows:
177	177	SUBCHAPTER K. PERMANENCY CARE ASSISTANCE PROGRAM
178	178	Sec. 264.851. DEFINITIONS. In this subchapter:
179	179	(1) "Foster child" means a child who is or was in the
180	180	temporary or permanent managing conservatorship of the department.
181	181	(2) "Kinship provider" means a relative of a foster
182	182	child, or another adult with a longstanding and significant
183	183	relationship with a foster child before the child was placed with
184	184	the person by the department, with whom the child resides for at
185	185	least six consecutive months after the person becomes licensed by
186	186	the department or verified by a licensed child-placing agency or
187	187	the department to provide foster care.
188	188	(3) "Permanency care assistance agreement" means a
189	189	written agreement between the department and a kinship provider for
190	190	the payment of permanency care assistance benefits as provided by
191	191	this subchapter.
192	192	(4) "Permanency care assistance benefits" means
193	193	monthly payments paid by the department to a kinship provider under
194	194	a permanency care assistance agreement.
195	195	(5) "Relative" means a person related to a foster
196	196	child by consanguinity or affinity.
197	197	Sec. 264.852. PERMANENCY CARE ASSISTANCE AGREEMENTS.
198	198	(a) The department shall enter into a permanency care assistance
199	199	agreement with a kinship provider who is eligible to receive
200	200	permanency care assistance benefits.
201	201	(b) The department may enter into a permanency care
202	202	assistance agreement with a kinship provider who is the prospective
203	203	managing conservator of a foster child only if the kinship provider
204	204	meets the eligibility criteria under federal and state law and
205	205	department rule.
206	206	(c) A court may not order the department to enter into a
207	207	permanency care assistance agreement with a kinship provider unless
208	208	the kinship provider meets the eligibility criteria under federal
209	209	and state law and department rule, including requirements relating
210	210	to the criminal history background check of a kinship provider.
211	211	(d) A permanency care assistance agreement may provide for
212	212	reimbursement of the nonrecurring expenses a kinship provider
213	213	incurs in obtaining permanent managing conservatorship of a foster
214	214	child, including attorney's fees and court costs. The
215	215	reimbursement of the nonrecurring expenses under this subsection
216	216	may not exceed $2,000.
217	217	Sec. 264.853. RULES. The executive commissioner shall
218	218	adopt rules necessary to implement the permanency care assistance
219	219	program. The rules must:
220	220	(1) establish eligibility requirements to receive
221	221	permanency care assistance benefits under the program; and
222	222	(2) ensure that the program conforms to the
223	223	requirements for federal assistance as required by the Fostering
224	224	Connections to Success and Increasing Adoptions Act of 2008 (Pub.
225	225	L. No. 110-351).
226	226	Sec. 264.854. MAXIMUM PAYMENT AMOUNT. The executive
227	227	commissioner shall set the maximum monthly amount of assistance
228	228	payments under a permanency care assistance agreement in an amount
229	229	that does not exceed the amount of the monthly foster care
230	230	maintenance payment the department would pay to a foster care
231	231	provider caring for the child for whom the kinship provider is
232	232	caring.
233	233	Sec. 264.855. CONTINUED ELIGIBILITY FOR PERMANENCY CARE
234	234	ASSISTANCE BENEFITS AFTER AGE 18. If the department first entered
235	235	into a permanency care assistance agreement with a foster child's
236	236	kinship provider after the child's 16th birthday, the department
237	237	may continue to provide permanency care assistance payments until
238	238	the last day of the month of the child's 21st birthday, provided the
239	239	child is:
240	240	(1) regularly attending high school or enrolled in a
241	241	program leading toward a high school diploma or high school
242	242	equivalency certificate;
243	243	(2) regularly attending an institution of higher
244	244	education or a postsecondary vocational or technical program;
245	245	(3) participating in a program or activity that
246	246	promotes, or removes barriers to, employment;
247	247	(4) employed for at least 80 hours a month; or
248	248	(5) incapable of any of the activities described by
249	249	Subdivisions (1)-(4) due to a documented medical condition.
250	250	Sec. 264.856. APPROPRIATION REQUIRED. The department is
251	251	not required to provide permanency care assistance benefits under
252	252	this subchapter unless the department is specifically appropriated
253	253	money for purposes of this subchapter.
254	254	Sec. 264.857. DEADLINE FOR NEW AGREEMENTS. The department
255	255	may not enter into a permanency care assistance agreement after
256	256	August 31, 2017. The department shall continue to make payments
257	257	after that date under a permanency care assistance agreement
258	258	entered into on or before August 31, 2017, according to the terms of
259	259	the agreement.
260	260	(f) Not later than April 1, 2010, the executive commissioner
261	261	of the Health and Human Services Commission shall adopt rules to
262	262	implement and administer the permanency care assistance program
263	263	under Subchapter K, Chapter 264, Family Code, as added by this
264	264	section.
265	265	(g) Sections 162.3041 and 264.101, Family Code, as amended
266	266	by this section, and Section 264.855, Family Code, as added by this
267	267	section, take effect October 1, 2010.
268	268	SECTION 7. (a) Chapter 1001, Health and Safety Code, is
269	269	amended by adding Subchapter F to read as follows:
270	270	SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION
271	271	SYSTEM (MEDCARES)
272	272	Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND
273	273	EDUCATION SYSTEM GRANT PROGRAM. (a) The department shall establish
274	274	the Texas Medical Child Abuse Resources and Education System
275	275	(MEDCARES) grant program to award grants for the purpose of developing
276	276	and supporting regional programs to improve the assessment,
277	277	diagnosis, and treatment of child abuse and neglect as described by
278	278	the report submitted to the 80th Legislature by the committee on
279	279	pediatric centers of excellence relating to abuse and neglect in
280	280	accordance with Section 266.0031, Family Code, as added by Chapter
281	281	1406 (S.B. 758), Acts of the 80th Legislature, Regular Session, 2007.
282	282	(b) The department may award grants to hospitals or academic
283	283	health centers with expertise in pediatric health care and a
284	284	demonstrated commitment to developing basic and advanced programs
285	285	and centers of excellence for the assessment, diagnosis, and
286	286	treatment of child abuse and neglect.
287	287	(c) The department shall encourage collaboration among grant
288	288	recipients in the development of program services and activities.
289	289	Sec. 1001.152. USE OF GRANT. A grant awarded under this
290	290	subchapter may be used to support:
291	291	(1) comprehensive medical evaluations, psychosocial
292	292	assessments, treatment services, and written and photographic
293	293	documentation of abuse;
294	294	(2) education and training for health professionals,
295	295	including physicians, medical students, resident physicians, child
296	296	abuse fellows, and nurses, relating to the assessment, diagnosis,
297	297	and treatment of child abuse and neglect;
298	298	(3) education and training for community agencies
299	299	involved with child abuse and neglect, law enforcement officials,
300	300	child protective services staff, and children's advocacy centers
301	301	involved with child abuse and neglect;
302	302	(4) medical case reviews and consultations and
303	303	testimony regarding those reviews and consultations;
304	304	(5) research, data collection, and quality assurance
305	305	activities, including the development of evidence-based guidelines
306	306	and protocols for the prevention, evaluation, and treatment of
307	307	child abuse and neglect;
308	308	(6) the use of telemedicine and other means to extend
309	309	services from regional programs into underserved areas; and
310	310	(7) other necessary activities, services, supplies,
311	311	facilities, and equipment as determined by the department.
312	312	Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive
313	313	commissioner shall establish an advisory committee to advise the
314	314	department and the executive commissioner in establishing rules and
315	315	priorities for the use of grant funds awarded through the program.
316	316	The advisory committee is composed of the following nine members:
317	317	(1) the state Medicaid director or the state Medicaid
318	318	director's designee;
319	319	(2) the medical director for the Department of Family
320	320	and Protective Services or the medical director's designee; and
321	321	(3) as appointed by the executive commissioner:
322	322	(A) two pediatricians with expertise in child
323	323	abuse or neglect;
324	324	(B) a nurse with expertise in child abuse or
325	325	neglect;
326	326	(C) a representative of a pediatric residency
327	327	training program;
328	328	(D) a representative of a children's hospital;
329	329	(E) a representative of a children's advocacy
330	330	center; and
331	331	(F) a member of the Governor's EMS and Trauma
332	332	Advisory Council.
333	333	Sec. 1001.154. GIFTS AND GRANTS. The department may
334	334	solicit and accept gifts, grants, and donations from any public or
335	335	private source for the purposes of this subchapter.
336	336	Sec. 1001.155. REQUIRED REPORT. Not later than December 1
337	337	of each even-numbered year, the department, with the assistance of
338	338	the advisory committee established under this subchapter, shall
339	339	submit a report to the governor and the legislature regarding the
340	340	grant activities of the program and grant recipients, including the
341	341	results and outcomes of grants provided under this subchapter.
342	342	Sec. 1001.156. RULES. The executive commissioner may adopt
343	343	rules as necessary to implement this subchapter.
344	344	Sec. 1001.157. APPROPRIATION REQUIRED. The department is
345	345	not required to award a grant under this subchapter unless the
346	346	department is specifically appropriated money for purposes of this
347	347	subchapter.
348	348	(b) Not later than November 1, 2009, the executive
349	349	commissioner of the Health and Human Services Commission shall
350	350	appoint the members of the advisory committee as required by
351	351	Section 1001.153, Health and Safety Code, as added by this section.
352	352	(c) Not later than January 1, 2010, the Department of State
353	353	Health Services shall establish and implement a grant program as
354	354	described by Subchapter F, Chapter 1001, Health and Safety Code, as
355	355	added by this section.
356	356	(d) Not later than December 1, 2010, the Department of State
357	357	Health Services shall provide the initial report to the governor
358	358	and the legislature as required by Section 1001.155, Health and
359	359	Safety Code, as added by this section.
360	360	(e) If before implementing any provision of this section a
361	361	state agency determines that a waiver or authorization from a
362	362	federal agency is necessary for implementation of that provision,
363	363	the agency affected by the provision shall request the waiver or
364	364	authorization and may delay implementing that provision until the
365	365	waiver or authorization is granted.
366	366	(f) This section does not make an appropriation. This
367	367	section takes effect only if a specific appropriation for the
368	368	implementation of the section is provided in a general
369	369	appropriations act of the 81st Legislature.
370	370	SECTION 8. This Act takes effect September 1, 2009.
371	371	______________________________ ______________________________
372	372	President of the Senate Speaker of the House
373	373	I hereby certify that S.B. No. 2080 passed the Senate on
374	374	May 8, 2009, by the following vote: Yeas 30, Nays 0; and that the
375	375	Senate concurred in House amendments on June 1, 2009, by the
376	376	following vote: Yeas 31, Nays 0.
377	377	______________________________
378	378	Secretary of the Senate
379	379	I hereby certify that S.B. No. 2080 passed the House, with
380	380	amendments, on May 27, 2009, by the following vote: Yeas 148,
381	381	Nays 0, one present not voting.
382	382	______________________________
383	383	Chief Clerk of the House
384	384	Approved:
385	385	______________________________
386	386	Date
387	387	______________________________
388	388	Governor