H.B. No. 4
AN ACT
relating to the relative or other designated caregiver placement
program and 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), (b-2), and (f) 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 provide monetary [Monetary]
assistance [provided] under this section to a caregiver who has a
family income that is less than or equal to 300 percent of the
federal poverty level. Monetary assistance provided to a caregiver
under this section may not exceed 50 percent of the department's
daily basic foster care rate for the child. A caregiver who has a
family income greater than 300 percent of the federal poverty level
is not eligible for monetary assistance under this section [must
include a one-time cash payment to the caregiver on the initial
placement of a child or a sibling group. The amount of the cash
payment, as determined by the department, may not exceed $1,000 for
each child. 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].
(b-1) The department shall disburse monetary assistance
provided to a caregiver under Subsection (b) in the same manner as
the department disburses payments to a foster parent. The
department may not provide monetary assistance to an eligible
caregiver under Subsection (b) after the first anniversary of the
date the caregiver receives the first monetary assistance payment
from the department under this section. The department, at its
discretion and for good cause, may extend the monetary assistance
payments for an additional six months.
(b-2) The department shall implement a process to verify the
family income of a relative or other designated caregiver for the
purpose of determining eligibility to receive monetary assistance
under Subsection (b).
(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; and
(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) reimbursement of other expenses, as determined by
rules adopted by the executive commissioner, not to exceed $500 per
year for each child].
(f) If a person who has a family income that is less than or
equal to 300 percent of the federal poverty level enters into a
caregiver assistance agreement with the department, obtains
permanent managing conservatorship of a child, and meets all other
eligibility requirements, the person may receive an annual
reimbursement of other expenses for the child, as determined by
rules adopted by the executive commissioner, not to exceed $500 per
year until the earlier of:
(1) the third anniversary of the date the person was
awarded permanent managing conservatorship of the child; or
(2) the child's 18th birthday.
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 this section is:
(1) a Class C misdemeanor if the person entered into a
fraudulent caregiver assistance agreement and received no monetary
assistance under the agreement or received monetary assistance
under the agreement for less than 7 days;
(2) a Class B misdemeanor if the person entered into a
fraudulent caregiver assistance agreement and received monetary
assistance under the agreement for 7 days or more but less than 31
days;
(3) a Class A misdemeanor if the person entered into a
fraudulent caregiver assistance agreement and received monetary
assistance under the agreement for 31 days or more but less than 91
days; or
(4) a state jail felony if the person entered into a
fraudulent caregiver assistance agreement and received monetary
assistance under the agreement for 91 days or more.
(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 commissioner of the department may adopt rules
necessary to determine whether fraudulent activity that violates
Subsection (a) has occurred.
SECTION 3. Subchapter I, Chapter 264, Family Code, is
amended by adding Section 264.762 to read as follows:
Sec. 264.762. ANNUAL REPORT. Not later than September 1 of
each year, the department shall publish a report on the relative and
other designated caregiver placement program created under this
subchapter. The report must include data on permanency outcomes for
children placed with relative or other designated caregivers,
including:
(1) the number of disruptions in a relative or other
designated caregiver placement;
(2) the reasons for any disruption in a relative or
other designated caregiver placement; and
(3) the length of time before a relative or other
designated caregiver who receives monetary assistance from the
department under this subchapter obtains permanent managing
conservatorship of a child.
SECTION 4. Not later than September 1, 2018, the Department
of Family and Protective Services shall publish the first report
required under Section 264.762, Family Code, as added by this Act.
SECTION 5. (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 6. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature. If the
legislature does not appropriate money specifically for the purpose
of implementing this Act, this Act has no effect.
SECTION 7. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4 was passed by the House on March 2,
2017, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4 on May 25, 2017, by the following vote: Yeas 144, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor