85R10642 MK-D
By: Burkett, Raymond, Frank, Klick, H.B. No. 4
Davis of Harris, et al.
A BILL TO BE ENTITLED
AN ACT
relating to monetary assistance provided by the Department of
Family and Protective Services to certain relative or designated
caregivers; creating a criminal offense; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.755, Family Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (b-1)
and (b-2) to read as follows:
(a) The department shall, subject to the availability of
funds, enter into a caregiver assistance agreement with each
relative or other designated caregiver to provide monetary
assistance and additional support services to the caregiver. The
monetary assistance and support services shall be based on a
family's need, as determined by Subsection (b) and rules adopted by
the executive commissioner.
(b) The department shall disburse monetary [Monetary]
assistance to caregivers [provided] under this section as follows:
(1) a caregiver that has a family income that is less
than or equal to 300 percent of the federal poverty level may
receive monetary assistance not exceeding 50 percent of the
department's daily basic foster care rate for the child;
(2) a caregiver that has a family income that is
greater than 300 percent but less than or equal to 500 percent of
the federal poverty level may receive [must include] a one-time
cash payment as provided by Subsection (b-2) for each child placed
with the [to the] caregiver on the initial placement of a child or a
sibling group; and
(3) a caregiver that has a family income greater than
500 percent of the federal poverty level is not eligible for
monetary assistance under this section.
(b-1) The department shall disburse monetary assistance
provided to a caregiver under Subsection (b)(1) in the same manner
as the department disburses payments to a foster parent.
(b-2) The amount of the one-time cash payment provided to a
caregiver under Subsection (b)(2)[, as determined by the
department,] may not exceed $1,000 for each child placed with the
caregiver. The payment for placement of a sibling group must be at
least $1,000 for the group, but may not exceed $1,000 for each child
in the group. [The cash payment must be provided on the initial
placement of each child with the caregiver and is provided to assist
the caregiver in purchasing essential child-care items such as
furniture and clothing.]
(c) Monetary assistance and additional support services
provided under this section may include:
(1) case management services and training and
information about the child's needs until the caregiver is
appointed permanent managing conservator;
(2) referrals to appropriate state agencies
administering public benefits or assistance programs for which the
child, the caregiver, or the caregiver's family may qualify;
(3) family counseling not provided under the Medicaid
program for the caregiver's family for a period not to exceed two
years from the date of initial placement;
(4) if the caregiver meets the eligibility criteria
determined by rules adopted by the executive commissioner,
reimbursement of all child-care expenses incurred while the child
is under 13 years of age, or under 18 years of age if the child has a
developmental disability, and while the department is the child's
managing conservator;
(5) if the caregiver meets the eligibility criteria
determined by rules adopted by the executive commissioner,
reimbursement of 50 percent of child-care expenses incurred after
the caregiver is appointed permanent managing conservator of the
child while the child is under 13 years of age, or under 18 years of
age if the child has a developmental disability; and
(6) for a caregiver receiving monetary assistance
under Subsection (b)(2), reimbursement of other expenses, as
determined by rules adopted by the executive commissioner, not to
exceed $500 per year for each child.
SECTION 2. Subchapter I, Chapter 264, Family Code, is
amended by adding Section 264.7551 to read as follows:
Sec. 264.7551. FRAUDULENT AGREEMENT; CRIMINAL OFFENSE;
CIVIL PENALTY. (a) A person commits an offense if, with intent to
defraud or deceive the department, the person knowingly makes or
causes to be made a false statement or misrepresentation of a
material fact that allows a person to enter into a caregiver
assistance agreement.
(b) An offense under Subsection (a) is a state jail felony
unless it is shown on the trial of the offense that the person has
previously been convicted under this section, in which case the
offense is a felony of the third degree.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(d) The appropriate county prosecuting attorney shall be
responsible for the prosecution of an offense under this section.
(e) A person who engaged in conduct described by Subsection
(a) is liable to the state for a civil penalty of $1,000. The
attorney general shall bring an action to recover a civil penalty as
authorized by this subsection.
(f) The executive commissioner may adopt rules necessary to
determine whether fraudulent activity that violates Subsection (a)
has occurred.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, Section 264.755, Family Code, as amended by this Act,
applies to a caregiver assistance agreement entered into before,
on, or after the effective date of this Act.
(b) If a person who has a family income that is less than or
equal to 300 percent of the federal poverty level entered into a
caregiver assistance agreement with the Department of Family and
Protective Services on or after June 1, 2017, but before the
effective date of this Act, and received monetary assistance under
the agreement from the department, the department shall consider
the money paid to the person to be a credit against the disbursement
of caregiver assistance funds, and may not begin disbursing money
to the person as authorized by Section 264.755, Family Code, as
amended by this Act, until the credit has been offset.
SECTION 4. This Act takes effect September 1, 2017.