85R7845 MK-F
By: West S.B. No. 780
A BILL TO BE ENTITLED
AN ACT
relating to monetary assistance provided by the Department of
Family and Protective Services to certain relatives and designated
caregivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.755, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsection (f) to read
as follows:
(b) Monetary assistance provided 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, must be at least [may not
exceed] $1,000 for each child who is not placed as part of a sibling
group. 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 not later than the
60th day after the date of [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. The executive commissioner, with assistance from the
department and the commission, shall adopt a rule governing the
method for allocating the one-time cash payment between the
department and the commission.
(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) at least $500 per year for each child for
reimbursement of other expenses and the general care of the child,
as determined by rules adopted by the executive commissioner[, not
to exceed $500 per year for each child].
(f) The department shall reimburse a relative or other
designated caregiver annually for expenses permitted under
Subsection (c)(6). The department shall issue the initial
reimbursement as soon as possible but not later than the 180th day
after the date the child or sibling group is placed with the
relative or designated caregiver. If the department does not
receive an initial request for reimbursement from the relative or
designated caregiver before the 180th day after the date of
placement, the department shall:
(1) make a good faith effort, as part of the
department's regular contact with the relative or designated
caregiver, to request submission of the initial reimbursement
request; and
(2) issue the reimbursement as soon as possible after
the department receives the request for reimbursement.
SECTION 2. (a) Sections 264.755(b) and (c), Family Code, as
amended by this Act, apply only to monetary assistance with respect
to a child who is initially placed with a relative or other
designated caregiver on or after the effective date of this Act.
Monetary assistance with respect to a child who is initially placed
with a relative or other designated caregiver before that date is
governed by the law in effect on the date of the initial placement,
and the former law is continued in effect for that purpose.
(b) Section 264.755(f), Family Code, as added by this Act,
applies only to the reimbursement of a relative or other designated
caregiver for expenses for which a completed request for
reimbursement is submitted to the Department of Family and
Protective Services on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.