1 | 1 | | 85R7845 MK-F |
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2 | 2 | | By: West S.B. No. 780 |
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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 monetary assistance provided by the Department of |
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8 | 8 | | Family and Protective Services to certain relatives and designated |
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9 | 9 | | caregivers. |
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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 264.755, Family Code, is amended by |
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12 | 12 | | amending Subsections (b) and (c) and adding Subsection (f) to read |
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13 | 13 | | as follows: |
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14 | 14 | | (b) Monetary assistance provided under this section must |
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15 | 15 | | include a one-time cash payment to the caregiver [on the initial |
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16 | 16 | | placement of a child or a sibling group]. The amount of the cash |
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17 | 17 | | payment, as determined by the department, must be at least [may not |
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18 | 18 | | exceed] $1,000 for each child who is not placed as part of a sibling |
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19 | 19 | | group. The payment for placement of a sibling group must be at |
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20 | 20 | | least $1,000 for the group, but may not exceed $1,000 for each child |
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21 | 21 | | in the group. The cash payment must be provided not later than the |
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22 | 22 | | 60th day after the date of [on] the initial placement of each child |
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23 | 23 | | with the caregiver and is provided to assist the caregiver in |
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24 | 24 | | purchasing essential child-care items such as furniture and |
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25 | 25 | | clothing. The executive commissioner, with assistance from the |
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26 | 26 | | department and the commission, shall adopt a rule governing the |
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27 | 27 | | method for allocating the one-time cash payment between the |
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28 | 28 | | department and the commission. |
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29 | 29 | | (c) Monetary assistance and additional support services |
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30 | 30 | | provided under this section may include: |
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31 | 31 | | (1) case management services and training and |
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32 | 32 | | information about the child's needs until the caregiver is |
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33 | 33 | | appointed permanent managing conservator; |
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34 | 34 | | (2) referrals to appropriate state agencies |
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35 | 35 | | administering public benefits or assistance programs for which the |
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36 | 36 | | child, the caregiver, or the caregiver's family may qualify; |
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37 | 37 | | (3) family counseling not provided under the Medicaid |
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38 | 38 | | program for the caregiver's family for a period not to exceed two |
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39 | 39 | | years from the date of initial placement; |
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40 | 40 | | (4) if the caregiver meets the eligibility criteria |
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41 | 41 | | determined by rules adopted by the executive commissioner, |
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42 | 42 | | reimbursement of all child-care expenses incurred while the child |
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43 | 43 | | is under 13 years of age, or under 18 years of age if the child has a |
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44 | 44 | | developmental disability, and while the department is the child's |
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45 | 45 | | managing conservator; |
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46 | 46 | | (5) if the caregiver meets the eligibility criteria |
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47 | 47 | | determined by rules adopted by the executive commissioner, |
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48 | 48 | | reimbursement of 50 percent of child-care expenses incurred after |
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49 | 49 | | the caregiver is appointed permanent managing conservator of the |
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50 | 50 | | child while the child is under 13 years of age, or under 18 years of |
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51 | 51 | | age if the child has a developmental disability; and |
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52 | 52 | | (6) at least $500 per year for each child for |
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53 | 53 | | reimbursement of other expenses and the general care of the child, |
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54 | 54 | | as determined by rules adopted by the executive commissioner[, not |
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55 | 55 | | to exceed $500 per year for each child]. |
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56 | 56 | | (f) The department shall reimburse a relative or other |
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57 | 57 | | designated caregiver annually for expenses permitted under |
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58 | 58 | | Subsection (c)(6). The department shall issue the initial |
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59 | 59 | | reimbursement as soon as possible but not later than the 180th day |
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60 | 60 | | after the date the child or sibling group is placed with the |
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61 | 61 | | relative or designated caregiver. If the department does not |
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62 | 62 | | receive an initial request for reimbursement from the relative or |
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63 | 63 | | designated caregiver before the 180th day after the date of |
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64 | 64 | | placement, the department shall: |
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65 | 65 | | (1) make a good faith effort, as part of the |
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66 | 66 | | department's regular contact with the relative or designated |
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67 | 67 | | caregiver, to request submission of the initial reimbursement |
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68 | 68 | | request; and |
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69 | 69 | | (2) issue the reimbursement as soon as possible after |
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70 | 70 | | the department receives the request for reimbursement. |
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71 | 71 | | SECTION 2. (a) Sections 264.755(b) and (c), Family Code, as |
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72 | 72 | | amended by this Act, apply only to monetary assistance with respect |
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73 | 73 | | to a child who is initially placed with a relative or other |
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74 | 74 | | designated caregiver on or after the effective date of this Act. |
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75 | 75 | | Monetary assistance with respect to a child who is initially placed |
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76 | 76 | | with a relative or other designated caregiver before that date is |
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77 | 77 | | governed by the law in effect on the date of the initial placement, |
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78 | 78 | | and the former law is continued in effect for that purpose. |
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79 | 79 | | (b) Section 264.755(f), Family Code, as added by this Act, |
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80 | 80 | | applies only to the reimbursement of a relative or other designated |
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81 | 81 | | caregiver for expenses for which a completed request for |
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82 | 82 | | reimbursement is submitted to the Department of Family and |
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83 | 83 | | Protective Services on or after the effective date of this Act. |
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84 | 84 | | SECTION 3. This Act takes effect September 1, 2017. |
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