Texas 2017 - 85th Regular

Texas House Bill HB1620 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R20044 MCK-D
2	2	By: Sanford, Burkett, Miller, Minjarez, H.B. No. 1620
3	3	et al.
4	4	Substitute the following for H.B. No. 1620:
5	5	By: Miller C.S.H.B. No. 1620
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a voluntary temporary caregiver program providing
11	11	temporary care for children removed from their homes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 262, Family Code, is
14	14	amended by adding Sections 262.1041 and 262.1042 to read as
15	15	follows:
16	16	Sec. 262.1041. VOLUNTARY TEMPORARY CAREGIVER PROGRAM. (a)
17	17	The Department of Family and Protective Services shall create a
18	18	program that allows a child who is removed from the child's home
19	19	under this chapter to be placed in the care of an individual
20	20	approved as a voluntary temporary caregiver under this section.
21	21	(b) The department shall establish an application and
22	22	verification process to approve individuals to serve as voluntary
23	23	temporary caregivers. The department's verification process must:
24	24	(1) include a background and criminal history record
25	25	check of each caregiver;
26	26	(2) verify the caregiver:
27	27	(A) has a home with adequate sleeping space for
28	28	each child placed with the caregiver;
29	29	(B) has six or fewer children in the caregiver's
30	30	home, including the caregiver's own children and any children for
31	31	whom the caregiver provides day care;
32	32	(C) agrees to nonphysical discipline;
33	33	(D) has had all pets in the caregiver's home
34	34	vaccinated; and
35	35	(E) maintains and submits to the department proof
36	36	of current certification in first aid and cardiopulmonary
37	37	resuscitation issued by the American Red Cross, the American Heart
38	38	Association, or another organization that provides equivalent
39	39	training and certification;
40	40	(3) require each member of the caregiver's household
41	41	to undergo a screening test for tuberculosis infection approved by
42	42	the executive commissioner of the Health and Human Services
43	43	Commission; and
44	44	(4) include any other administrative procedure the
45	45	department determines is necessary to ensure the caregiver will
46	46	provide a safe home for the child.
47	47	(c) The department shall require each voluntary temporary
48	48	caregiver to receive four hours of training relating to child
49	49	development and disciplinary techniques for children who are
50	50	classified above a basic service level. A caregiver who applies to
51	51	become a licensed or verified foster home shall receive a credit of
52	52	four hours toward the training hours required by Section 42.0537,
53	53	Human Resources Code, for a person to become a licensed or verified
54	54	foster home.
55	55	(d) A voluntary temporary caregiver must agree to care for a
56	56	child placed with the caregiver for at least 14 days.
57	57	(e) Except as provided by Subsection (f), a child may be
58	58	placed with a voluntary temporary caregiver for not more than 14
59	59	days after the date the child is removed from the child's home.
60	60	(f) If the child's caseworker determines that it is in the
61	61	child's best interest for the child to remain in the care of the
62	62	voluntary temporary caregiver for more than 14 days, the caseworker
63	63	may, if the voluntary temporary caregiver agrees:
64	64	(1) allow the child to remain in the care of the
65	65	voluntary temporary caregiver;
66	66	(2) designate the voluntary temporary caregiver as the
67	67	caregiver of the child under a parental child safety placement
68	68	agreement in accordance with Subchapter L, Chapter 264; or
69	69	(3) designate the voluntary temporary caregiver as a
70	70	designated caregiver of the child in accordance with Subchapter I,
71	71	Chapter 264.
72	72	(g) A voluntary temporary caregiver with whom a child is
73	73	placed under this section is not entitled to any reimbursement for
74	74	the care the caregiver provides for the child.
75	75	(h) A voluntary temporary caregiver is not liable for the
76	76	cost of any medical care the child receives while the child is
77	77	placed with the caregiver. The cost of any medical care shall be
78	78	covered by the existing health insurance provided for the child.
79	79	(i) A voluntary temporary caregiver shall ensure that the
80	80	child:
81	81	(1) continues to attend the school in which the child
82	82	was enrolled immediately before the child was removed from the
83	83	child's home; or
84	84	(2) attends another school chosen by the child's
85	85	caseworker if the child's caseworker determines that it is unsafe
86	86	for the child to continue to attend the school in which the child
87	87	was enrolled immediately before the child was removed from the
88	88	child's home.
89	89	(j) The department shall publicize the voluntary temporary
90	90	caregiver program and notify the parents of a child being removed
91	91	from the child's home whether the child will be placed with a
92	92	voluntary temporary caregiver.
93	93	(k) The executive commissioner of the Health and Human
94	94	Services Commission shall adopt rules necessary to implement this
95	95	section.
96	96	Sec. 262.1042. RELEASE OF CHILD BY LAW ENFORCEMENT OR
97	97	JUVENILE PROBATION OFFICER TO VOLUNTARY TEMPORARY CAREGIVER. A law
98	98	enforcement or juvenile probation officer who takes possession of a
99	99	child under this chapter may release the child to a voluntary
100	100	temporary caregiver approved under Section 262.1041.
101	101	SECTION 2. As soon as practicable after the effective date
102	102	of this Act:
103	103	(1) the executive commissioner of the Health and Human
104	104	Services Commission shall adopt rules necessary to implement the
105	105	changes in law made by this Act; and
106	106	(2) the Department of Family and Protective Services
107	107	shall implement the voluntary temporary caregiver program as
108	108	required by this Act.
109	109	SECTION 3. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2017.