| 1 | 1 | | By: Nelson S.B. No. 430 |
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| 2 | 2 | | (Guillen, Raymond, Lozano) |
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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 verification of the unavailability of community day |
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| 8 | 8 | | care before the Department of Family and Protective Services |
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| 9 | 9 | | provides day-care assistance or 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. Subchapter B, Chapter 264, Family Code, is |
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| 12 | 12 | | amended by adding Section 264.124 to read as follows: |
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| 13 | 13 | | Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this |
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| 14 | 14 | | section, "day care" means the assessment, care, training, |
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| 15 | 15 | | education, custody, treatment, or supervision of a foster child by |
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| 16 | 16 | | a person other than the child's foster parent for less than 24 hours |
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| 17 | 17 | | a day, but at least two hours a day, three or more days a week. |
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| 18 | 18 | | (b) The department, in accordance with executive |
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| 19 | 19 | | commissioner rule, shall implement a process to verify that each |
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| 20 | 20 | | foster parent who is seeking monetary assistance from the |
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| 21 | 21 | | department for day care for a foster child has attempted to find |
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| 22 | 22 | | appropriate day-care services for the foster child through |
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| 23 | 23 | | community services, including Head Start programs, prekindergarten |
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| 24 | 24 | | classes, and early education programs offered in public schools. |
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| 25 | 25 | | The department shall specify the documentation the foster parent |
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| 26 | 26 | | must provide to the department to demonstrate compliance with the |
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| 27 | 27 | | requirements established under this subsection. |
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| 28 | 28 | | (c) Except as provided by Subsection (d), the department may |
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| 29 | 29 | | not provide monetary assistance to a foster parent for day care for |
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| 30 | 30 | | a foster child unless the department receives the verification |
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| 31 | 31 | | required under Subsection (b). |
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| 32 | 32 | | (d) The department may provide monetary assistance to a |
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| 33 | 33 | | foster parent for a foster child without the verification required |
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| 34 | 34 | | under Subsection (b) if the department determines the verification |
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| 35 | 35 | | would prevent an emergency placement that is in the child's best |
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| 36 | 36 | | interest. |
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| 37 | 37 | | SECTION 2. Section 264.755, Family Code, is amended by |
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| 38 | 38 | | adding Subsections (d) and (e) to read as follows: |
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| 39 | 39 | | (d) The department, in accordance with executive |
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| 40 | 40 | | commissioner rule, shall implement a process to verify that each |
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| 41 | 41 | | relative and designated caregiver who is seeking monetary |
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| 42 | 42 | | assistance or additional support services from the department for |
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| 43 | 43 | | day care as defined by Section 264.124 for a child under this |
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| 44 | 44 | | section has attempted to find appropriate day-care services for the |
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| 45 | 45 | | child through community services, including Head Start programs, |
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| 46 | 46 | | prekindergarten classes, and early education programs offered in |
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| 47 | 47 | | public schools. The department shall specify the documentation the |
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| 48 | 48 | | relative or designated caregiver must provide to the department to |
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| 49 | 49 | | demonstrate compliance with the requirements established under |
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| 50 | 50 | | this subsection. The department may not provide monetary |
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| 51 | 51 | | assistance or additional support services to the relative or |
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| 52 | 52 | | designated caregiver for the day care unless the department |
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| 53 | 53 | | receives the required verification. |
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| 54 | 54 | | (e) The department may provide monetary assistance or |
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| 55 | 55 | | additional support services to a relative or designated caregiver |
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| 56 | 56 | | for day care without the verification required under Subsection (d) |
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| 57 | 57 | | if the department determines the verification would prevent an |
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| 58 | 58 | | emergency placement that is in the child's best interest. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2013. |
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