85R4547 MM-D
By: Giddings H.B. No. 1671
A BILL TO BE ENTITLED
AN ACT
relating to child support funds recovered by the Title IV-D agency
on behalf of a child in the conservatorship of the Department of
Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 231.010, Family Code, is
amended to read as follows:
Sec. 231.010. COOPERATION WITH DEPARTMENT OF FAMILY AND
PROTECTIVE [AND REGULATORY] SERVICES.
SECTION 2. Section 231.010, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) In this section, "department" means the Department of
Family and Protective [and Regulatory] Services.
(c) The Title IV-D agency shall work with the department to
identify the amount of child support paid by the parent of a child
in the conservatorship of the department that exceeds the amount of
the foster care maintenance payment paid by the department for the
child.
SECTION 3. Section 264.109, Family Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The department and the Title IV-D agency shall execute a
memorandum of understanding for the implementation of the
provisions of this section and for the allocation to [between] the
department [and the agency], consistent with federal laws and
regulations, of any child support funds recovered by the Title IV-D
agency in substitute care cases to reimburse the department for the
cost of foster care maintenance payments. All child support funds
recovered under this section and retained by the department [or the
Title IV-D agency] and any federal matching or incentive funds
resulting from child support collection efforts in substitute care
cases shall be in excess of amounts otherwise appropriated to
[either] the department [or the Title IV-D agency] by the
legislature.
(d) If the amount of child support funds recovered by the
Title IV-D agency and allocated to the department for a child in the
conservatorship of the department exceeds the amount of the foster
care maintenance payment paid by the department for the child, the
department shall use the excess amount of child support in the
manner it determines will serve the best interests of the child.
SECTION 4. This Act takes effect September 1, 2017.