83R12305 YDB-D
By: Guillen, Raymond H.B. No. 764
Substitute the following for H.B. No. 764:
By: N. Gonzalez of El Paso C.S.H.B. No. 764
A BILL TO BE ENTITLED
AN ACT
relating to verification of the unavailability of community day
care before the Department of Family and Protective Services
provides day-care assistance or services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.124 to read as follows:
Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this
section, "day care" means the assessment, care, training,
education, custody, treatment, or supervision of a foster child by
a person other than the child's foster parent for less than 24 hours
a day, but at least two hours a day, three or more days a week.
(b) The department, in accordance with executive
commissioner rule, shall implement a process to verify that each
foster parent who is seeking monetary assistance from the
department for day care for a foster child has attempted to find
appropriate day-care services for the foster child through
community services, including Head Start programs, prekindergarten
classes, and early education programs offered in public schools.
The department shall specify the documentation the foster parent
must provide to the department to demonstrate compliance with the
requirements established under this subsection.
(c) Unless the verification is waived as provided by this
subsection, the department may not provide monetary assistance to a
foster parent for day care for a foster child unless the department
receives the verification required under Subsection (b). The
department may waive the verification requirement as necessary to
make an emergency placement or as provided by department rule.
SECTION 2. Section 264.755, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The department, in accordance with executive
commissioner rule, shall implement a process to verify that each
relative and designated caregiver who is seeking monetary
assistance or additional support services from the department for
day care as defined by Section 264.124 for a child under this
section has attempted to find appropriate day-care services for the
child through community services, including Head Start programs,
prekindergarten classes, and early education programs offered in
public schools. The department shall specify the documentation the
relative or designated caregiver must provide to the department to
demonstrate compliance with the requirements established under
this subsection. Unless the verification is waived as provided by
this subsection, the department may not provide monetary assistance
or additional support services to the relative or designated
caregiver for the day care unless the department receives the
required verification. The department may waive the verification
requirement as necessary to make an emergency placement or as
provided by department rule.
SECTION 3. This Act takes effect September 1, 2013.