| 1 | 1 | | 83R12305 YDB-D |
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| 2 | 2 | | By: Guillen, Raymond H.B. No. 764 |
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| 3 | 3 | | Substitute the following for H.B. No. 764: |
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| 4 | 4 | | By: N. Gonzalez of El Paso C.S.H.B. No. 764 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to verification of the unavailability of community day |
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| 10 | 10 | | care before the Department of Family and Protective Services |
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| 11 | 11 | | provides day-care assistance or services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 264, Family Code, is |
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| 14 | 14 | | amended by adding Section 264.124 to read as follows: |
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| 15 | 15 | | Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this |
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| 16 | 16 | | section, "day care" means the assessment, care, training, |
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| 17 | 17 | | education, custody, treatment, or supervision of a foster child by |
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| 18 | 18 | | a person other than the child's foster parent for less than 24 hours |
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| 19 | 19 | | a day, but at least two hours a day, three or more days a week. |
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| 20 | 20 | | (b) The department, in accordance with executive |
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| 21 | 21 | | commissioner rule, shall implement a process to verify that each |
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| 22 | 22 | | foster parent who is seeking monetary assistance from the |
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| 23 | 23 | | department for day care for a foster child has attempted to find |
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| 24 | 24 | | appropriate day-care services for the foster child through |
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| 25 | 25 | | community services, including Head Start programs, prekindergarten |
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| 26 | 26 | | classes, and early education programs offered in public schools. |
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| 27 | 27 | | The department shall specify the documentation the foster parent |
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| 28 | 28 | | must provide to the department to demonstrate compliance with the |
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| 29 | 29 | | requirements established under this subsection. |
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| 30 | 30 | | (c) Unless the verification is waived as provided by this |
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| 31 | 31 | | subsection, the department may not provide monetary assistance to a |
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| 32 | 32 | | foster parent for day care for a foster child unless the department |
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| 33 | 33 | | receives the verification required under Subsection (b). The |
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| 34 | 34 | | department may waive the verification requirement as necessary to |
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| 35 | 35 | | make an emergency placement or as provided by department rule. |
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| 36 | 36 | | SECTION 2. Section 264.755, Family Code, is amended by |
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| 37 | 37 | | adding Subsection (d) to read as follows: |
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| 38 | 38 | | (d) The department, in accordance with executive |
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| 39 | 39 | | commissioner rule, shall implement a process to verify that each |
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| 40 | 40 | | relative and designated caregiver who is seeking monetary |
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| 41 | 41 | | assistance or additional support services from the department for |
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| 42 | 42 | | day care as defined by Section 264.124 for a child under this |
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| 43 | 43 | | section has attempted to find appropriate day-care services for the |
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| 44 | 44 | | child through community services, including Head Start programs, |
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| 45 | 45 | | prekindergarten classes, and early education programs offered in |
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| 46 | 46 | | public schools. The department shall specify the documentation the |
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| 47 | 47 | | relative or designated caregiver must provide to the department to |
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| 48 | 48 | | demonstrate compliance with the requirements established under |
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| 49 | 49 | | this subsection. Unless the verification is waived as provided by |
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| 50 | 50 | | this subsection, the department may not provide monetary assistance |
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| 51 | 51 | | or additional support services to the relative or designated |
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| 52 | 52 | | caregiver for the day care unless the department receives the |
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| 53 | 53 | | required verification. The department may waive the verification |
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| 54 | 54 | | requirement as necessary to make an emergency placement or as |
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| 55 | 55 | | provided by department rule. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2013. |
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