| 1 | 1 | | 85R11579 MK-D |
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| 2 | 2 | | By: Swanson H.B. No. 3552 |
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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 the foster care payment rate for certain foster parents |
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| 8 | 8 | | and the reimbursement of certain expenses for the foster parent; |
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| 9 | 9 | | creating a criminal offense. |
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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. Section 264.101, Family Code, is amended by |
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| 12 | 12 | | adding Subsection (a-3) to read as follows: |
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| 13 | 13 | | (a-3) If the department places one or more children assigned |
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| 14 | 14 | | a basic or moderate service level with a foster parent, the |
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| 15 | 15 | | department shall pay the foster parent the cost of foster care in |
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| 16 | 16 | | accordance with the following schedule: |
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| 17 | 17 | | (1) 100 percent of the daily foster care reimbursement |
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| 18 | 18 | | rate for the first child placed with the foster parent; |
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| 19 | 19 | | (2) 80 percent of the daily foster care reimbursement |
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| 20 | 20 | | rate for the second child placed with the foster parent; |
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| 21 | 21 | | (3) 60 percent of the daily foster care reimbursement |
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| 22 | 22 | | rate for the third child placed with the foster parent; |
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| 23 | 23 | | (4) 40 percent of the daily foster care reimbursement |
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| 24 | 24 | | rate for the fourth child placed with the foster parent; |
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| 25 | 25 | | (5) 20 percent of the daily foster care reimbursement |
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| 26 | 26 | | rate for the fifth child placed with the foster parent; and |
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| 27 | 27 | | (6) the foster parent will not receive any additional |
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| 28 | 28 | | payment if the department places more than five children with the |
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| 29 | 29 | | foster parent. |
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| 30 | 30 | | SECTION 2. Subchapter B, Chapter 264, Family Code, is |
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| 31 | 31 | | amended by adding Section 264.1252 to read as follows: |
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| 32 | 32 | | Sec. 264.1252. REIMBURSEMENT FOR ENRICHMENT ACTIVITIES; |
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| 33 | 33 | | CRIMINAL OFFENSE. (a) In this section, "enrichment activities" |
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| 34 | 34 | | includes athletic camps and competition, art and music classes and |
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| 35 | 35 | | camps, school-related extracurricular activities, faith-based |
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| 36 | 36 | | camps or mission trips, and the Boy Scouts of America and the Girl |
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| 37 | 37 | | Scouts of the United States of America, or similar organizations |
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| 38 | 38 | | and activities. The term does not include entertainment activities |
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| 39 | 39 | | that a child participates in solely with the child's foster parent. |
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| 40 | 40 | | (b) At the foster parent's discretion, the foster parent may |
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| 41 | 41 | | enroll a foster child in age-appropriate enrichment activities. |
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| 42 | 42 | | (c) The department shall reimburse a foster parent for any |
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| 43 | 43 | | monetary expenses relating to the participation of a child in |
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| 44 | 44 | | enrichment activities. The foster parent must provide the |
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| 45 | 45 | | department with receipts for any expenses under this subsection to |
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| 46 | 46 | | receive reimbursement. |
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| 47 | 47 | | (d) A person commits an offense if, with intent to defraud |
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| 48 | 48 | | or deceive the department, the person knowingly makes or causes to |
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| 49 | 49 | | be made a false statement or misrepresentation of a material fact |
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| 50 | 50 | | that allows a person to receive a reimbursement under Subsection |
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| 51 | 51 | | (c). An offense under this subsection is a Class C misdemeanor. |
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| 52 | 52 | | SECTION 3. As soon as possible after the effective date of |
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| 53 | 53 | | this Act, the executive commissioner of the Health and Human |
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| 54 | 54 | | Services Commission shall increase the 24-hour residential child |
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| 55 | 55 | | care rates paid to a foster family for a child by 20 percent. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2017. |
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