| 1 | 1 | | 85R4547 MM-D |
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| 2 | 2 | | By: Giddings H.B. No. 1671 |
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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 child support funds recovered by the Title IV-D agency |
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| 8 | 8 | | on behalf of a child in the conservatorship of the Department of |
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| 9 | 9 | | Family and Protective 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. The heading to Section 231.010, Family Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 231.010. COOPERATION WITH DEPARTMENT OF FAMILY AND |
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| 14 | 14 | | PROTECTIVE [AND REGULATORY] SERVICES. |
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| 15 | 15 | | SECTION 2. Section 231.010, Family Code, is amended by |
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| 16 | 16 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (a) In this section, "department" means the Department of |
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| 19 | 19 | | Family and Protective [and Regulatory] Services. |
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| 20 | 20 | | (c) The Title IV-D agency shall work with the department to |
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| 21 | 21 | | identify the amount of child support paid by the parent of a child |
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| 22 | 22 | | in the conservatorship of the department that exceeds the amount of |
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| 23 | 23 | | the foster care maintenance payment paid by the department for the |
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| 24 | 24 | | child. |
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| 25 | 25 | | SECTION 3. Section 264.109, Family Code, is amended by |
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| 26 | 26 | | amending Subsection (c) and adding Subsection (d) to read as |
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| 27 | 27 | | follows: |
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| 28 | 28 | | (c) The department and the Title IV-D agency shall execute a |
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| 29 | 29 | | memorandum of understanding for the implementation of the |
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| 30 | 30 | | provisions of this section and for the allocation to [between] the |
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| 31 | 31 | | department [and the agency], consistent with federal laws and |
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| 32 | 32 | | regulations, of any child support funds recovered by the Title IV-D |
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| 33 | 33 | | agency in substitute care cases to reimburse the department for the |
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| 34 | 34 | | cost of foster care maintenance payments. All child support funds |
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| 35 | 35 | | recovered under this section and retained by the department [or the |
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| 36 | 36 | | Title IV-D agency] and any federal matching or incentive funds |
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| 37 | 37 | | resulting from child support collection efforts in substitute care |
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| 38 | 38 | | cases shall be in excess of amounts otherwise appropriated to |
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| 39 | 39 | | [either] the department [or the Title IV-D agency] by the |
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| 40 | 40 | | legislature. |
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| 41 | 41 | | (d) If the amount of child support funds recovered by the |
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| 42 | 42 | | Title IV-D agency and allocated to the department for a child in the |
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| 43 | 43 | | conservatorship of the department exceeds the amount of the foster |
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| 44 | 44 | | care maintenance payment paid by the department for the child, the |
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| 45 | 45 | | department shall use the excess amount of child support in the |
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| 46 | 46 | | manner it determines will serve the best interests of the child. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2017. |
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