| 1 | 1 | | 81R280 KLA-D |
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| 2 | 2 | | By: Uresti S.B. No. 2368 |
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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 monetary assistance for substitute care provided to a |
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| 8 | 8 | | child by a relative caregiver. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 264.755, Family Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The department shall[, subject to the availability of |
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| 14 | 14 | | funds,] enter into a caregiver assistance agreement with each |
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| 15 | 15 | | relative or other designated caregiver to provide monetary |
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| 16 | 16 | | assistance and additional support services to the caregiver. |
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| 17 | 17 | | Subject to Subsection (d), the [The] monetary assistance and |
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| 18 | 18 | | support services shall be based on a family's need, as determined by |
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| 19 | 19 | | rules adopted by the executive commissioner, and be subject to the |
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| 20 | 20 | | availability of funds. |
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| 21 | 21 | | (d) A caregiver assistance agreement entered into under |
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| 22 | 22 | | this section between the department and a relative caregiver who |
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| 23 | 23 | | will provide substitute care for a child for whom the department has |
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| 24 | 24 | | been appointed managing conservator must require the department to |
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| 25 | 25 | | pay monetary assistance to the relative caregiver during the time |
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| 26 | 26 | | the child is in substitute care. The monetary assistance must be |
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| 27 | 27 | | paid at a daily rate that is equal to at least 60 percent of the |
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| 28 | 28 | | daily 24-hour residential child-care facility rate that the |
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| 29 | 29 | | department would pay for the child if the substitute care were |
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| 30 | 30 | | provided in a foster home, foster group home, agency foster home, or |
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| 31 | 31 | | agency foster group home licensed or certified under Chapter 42, |
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| 32 | 32 | | Human Resources Code. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies to a |
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| 34 | 34 | | caregiver assistance agreement entered into on or after the |
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| 35 | 35 | | effective date of this Act. A caregiver assistance agreement |
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| 36 | 36 | | entered into before the effective date of this Act is governed by |
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| 37 | 37 | | the law in effect on the date the agreement was entered into, and |
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| 38 | 38 | | the former law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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