Texas 2019 - 86th Regular

Texas House Bill HB3379 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5119 MCK-D
2	2	By: Klick H.B. No. 3379
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Preparation for Adult Living Program and other
8	8	services for foster children transitioning to independent living.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 264.121, Family Code, is amended by
11	11	amending Subsections (a), (a-3), (a-5), (e), (e-1), (e-2), and (g)
12	12	and adding Subsections (a-7), (a-8), (e-3), (e-4), (e-5), and (e-6)
13	13	to read as follows:
14	14	(a) The department shall address the unique challenges
15	15	facing foster children in the conservatorship of the department who
16	16	must transition to independent living by:
17	17	(1) expanding efforts to improve transition planning
18	18	and increasing the availability of transitional family group
19	19	decision-making to each [all] youth age 14 or older in the
20	20	department's permanent managing conservatorship, including
21	21	enrolling the youth in the Preparation for Adult Living Program as
22	22	soon as possible after the youth reaches 14 years of [before the]
23	23	age [of 16];
24	24	(2) making appropriate accommodations to address any
25	25	barrier to participation in the Preparation for Adult Living
26	26	Program for a youth who has a disability to allow the youth to
27	27	meaningfully participate in the program and documenting the
28	28	accommodations in the youth's case file;
29	29	(3) coordinating with the commission to obtain
30	30	authority, to the extent allowed by federal law, the state Medicaid
31	31	plan, the Title IV-E state plan, and any waiver or amendment to
32	32	either plan, necessary to:
33	33	(A) extend foster care eligibility and
34	34	transition services for youth up to age 21 and develop policy to
35	35	permit eligible youth to return to foster care as necessary to
36	36	achieve the goals of the Transitional Living Services Program; and
37	37	(B) extend Medicaid coverage for foster care
38	38	youth and former foster care youth up to age 21 with a single
39	39	application at the time the youth leaves foster care; and
40	40	(4) [(3)] entering into cooperative agreements with
41	41	the Texas Workforce Commission and local workforce development
42	42	boards to further the objectives of the Preparation for Adult
43	43	Living Program. The department, the Texas Workforce Commission,
44	44	and the local workforce development boards shall ensure that
45	45	services are prioritized and targeted to meet the needs of foster
46	46	care and former foster care children and that such services will
47	47	include, where feasible, referrals for short-term stays for youth
48	48	needing housing.
49	49	(a-3) The department shall conduct an independent living
50	50	skills assessment for all youth in the department's conservatorship
51	51	not later than the 45th day after the date the youth reaches 14 [who
52	52	are 16] years of age. The department shall place the assessment
53	53	results in each youth's case file [or older].
54	54	(a-5) The department shall annually update the assessment
55	55	for each youth assessed under Subsection [Subsections] (a-3) [and
56	56	(a-4)] to determine the independent living skills the youth learned
57	57	during the preceding year to ensure that the department's
58	58	obligation to prepare the youth for independent living has been
59	59	met. The department shall conduct the annual update through the
60	60	youth's plan of service in coordination with the youth, the youth's
61	61	caseworker, the staff of the Preparation for Adult Living Program,
62	62	and the youth's caregiver.
63	63	(a-7) Not later than the 45th day after the date a youth
64	64	reaches 14 years of age, the department shall hold a transition
65	65	planning meeting to prepare the youth's transition plan and assist
66	66	the youth in developing skills to support the youth's specific
67	67	strengths and address the youth's needs in preparation for
68	68	independence. The department must hold additional transition
69	69	planning meetings at least once every four months until the youth
70	70	leaves foster care.
71	71	(a-8) The department shall ensure that before a youth leaves
72	72	foster care, each youth who is 14 years of age or older has an e-mail
73	73	address through which the youth may receive encrypted copies of
74	74	personal documents and records.
75	75	(e) The department shall ensure that each youth, on or
76	76	before the date on which the youth turns 16 years of age, acquires:
77	77	(1) a copy and a certified copy of the youth's birth
78	78	certificate;
79	79	(2) [,] a social security card or replacement social
80	80	security card, as appropriate;
81	81	(3) [, and] a personal identification certificate
82	82	under Chapter 521, Transportation Code;
83	83	(4) a copy of the youth's most current high school
84	84	transcript;
85	85	(5) a copy of the record of the youth's most recent
86	86	physical medical examination and dental examinations;
87	87	(6) a copy of the youth's immunization record; and
88	88	(7) a copy of any identifying information the youth
89	89	needs to enroll in Medicaid.
90	90	(e-1) The youth's caseworker shall assist the youth with
91	91	developing a plan for keeping the documents described by Subsection
92	92	(e) in a safe place.
93	93	(e-2) The youth and the youth's caseworker shall sign a
94	94	document acknowledging the youth's receipt of the documents
95	95	described by Subsection (e) and describing the youth's plan
96	96	developed under Subsection (e-1) for keeping the documents in a
97	97	safe place. The department shall place the acknowledgment in the
98	98	youth's case file[, on or before the date on which the youth turns
99	99	16 years of age].
100	100	(e-3) The department shall designate one or more employees
101	101	in the Preparation for Adult Living Program as the contact person to
102	102	assist a youth who has not been able to obtain the documents
103	103	described by Subsection (e) [this subsection] in a timely manner
104	104	from the youth's primary caseworker. The department shall ensure
105	105	that:
106	106	(1) all youth who are age 16 or older are provided with
107	107	the contact information for the designated employees; and
108	108	(2) a youth who misplaces a document provided under
109	109	this subsection receives assistance in obtaining a replacement
110	110	document or information on how to obtain a duplicate copy, as
111	111	appropriate.
112	112	(e-4) Before a youth leaves foster care, the department
113	113	shall take all reasonable measures, including completing an
114	114	application for the youth, to assist the youth in obtaining
115	115	Medicaid coverage, and shall document those measures in the youth's
116	116	case file.
117	117	(e-5) [(e-1)] If, at the time a youth is discharged from
118	118	foster care, the youth is at least 18 years of age or has had the
119	119	disabilities of minority removed, the department shall provide to
120	120	the youth, not later than the 30th day before the date the youth is
121	121	discharged from foster care, the following information and
122	122	documents unless the youth already has the information or document:
123	123	(1) the youth's birth certificate;
124	124	(2) the youth's immunization records;
125	125	(3) the information contained in the youth's health
126	126	passport;
127	127	(4) a personal identification certificate under
128	128	Chapter 521, Transportation Code;
129	129	(5) a social security card or a replacement social
130	130	security card, if appropriate; [and]
131	131	(6) a copy of the youth's most current high school
132	132	transcript; and
133	133	(7) proof of enrollment in Medicaid, if appropriate.
134	134	(e-6) [(e-2)] When providing a youth with a document
135	135	required by Subsection (e-5) [(e-1)], the department shall provide
136	136	the youth with a copy and a certified copy of the document or with
137	137	the original document, as applicable.
138	138	(g) For a youth taking prescription medication, the
139	139	department shall ensure that the youth's transition plan includes
140	140	provisions to assist the youth in managing the use of the medication
141	141	and in managing the child's long-term physical and mental health
142	142	needs after leaving foster care, including:
143	143	(1) provisions that inform the youth about:
144	144	(A) [(1)] the use of the medication;
145	145	(B) [(2)] the resources that are available to
146	146	assist the youth in managing the use of the medication; and
147	147	(C) [(3)] informed consent and the provision of
148	148	medical care in accordance with Section 266.010(l); and
149	149	(2) for each youth who is 17 years of age or older and
150	150	preparing to leave foster care, a program supervised by a health
151	151	care professional to assist the youth with independently managing
152	152	the youth's medication.
153	153	SECTION 2. Section 264.1211, Family Code, as added by
154	154	Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular
155	155	Session, 2017, is amended by adding Subsections (d) and (e) to read
156	156	as follows:
157	157	(d) The department, in coordination with the Texas
158	158	Education Agency and the Texas Higher Education Coordinating Board,
159	159	shall annually collect information regarding the utilization of
160	160	tuition and fee waivers, including the number of foster children or
161	161	former foster children who:
162	162	(1) are eligible for exemption from the payment of
163	163	tuition and fees at an institution of higher education under
164	164	Section 54.366, Education Code;
165	165	(2) receive information developed under Section
166	166	54.366(b), Education Code; and
167	167	(3) are enrolled in an institution of higher education
168	168	and are exempt from the payment of tuition and fees under Section
169	169	54.366, Education Code.
170	170	(e) Not later than November 1 of each even-numbered year,
171	171	the department shall prepare and submit a biennial report with the
172	172	information collected under Subsection (d) to the standing
173	173	committees of the senate and house of representatives with
174	174	jurisdiction over child protective services.
175	175	SECTION 3. Subchapter B, Chapter 264, Family Code, is
176	176	amended by adding Sections 264.1214, 264.1215, 264.1216, and
177	177	264.1217 to read as follows:
178	178	Sec. 264.1214. EXPUNGEMENT OF CRIMINAL OR JUVENILE RECORDS.
179	179	(a) The department shall ensure that the caseworker for a youth in
180	180	the managing conservatorship of the department, in consultation
181	181	with the youth's attorney ad litem, develops a plan to facilitate
182	182	the sealing or expungement of any eligible criminal or juvenile
183	183	records for offenses for which the youth was adjudicated or
184	184	convicted before the date the youth ages out of care.
185	185	(b) The department shall record all actions taken under this
186	186	section in the youth's case file.
187	187	Sec. 264.1215. PLAN FOR ACCESSING BENEFITS FOR YOUTH AGING
188	188	OUT OF FOSTER CARE. Not later than the day a youth in the managing
189	189	conservatorship of the department turns 18 years of age, the
190	190	youth's caseworker shall create a plan detailing the steps the
191	191	youth will take to access benefits for which the youth is eligible
192	192	after the youth leaves foster care, including the transitional
193	193	living allowance, Social Security Disability Insurance benefits,
194	194	aftercare room and board assistance, and education and training
195	195	vouchers. The caseworker shall document the plan in the youth's
196	196	case file.
197	197	Sec. 264.1216. DRIVER'S EDUCATION. Subject to this
198	198	section, the department shall develop a plan to ensure driver's
199	199	education classes are provided to each youth in the managing
200	200	conservatorship of the department who satisfies the minimum age
201	201	requirements to receive a learner license and chooses to take
202	202	driver's education. The department is not required to provide a
203	203	driver's education class to a youth who is not physically,
204	204	developmentally, or medically able to safely participate in
205	205	driver's education.
206	206	Sec. 264.1217. HOUSING FOR HOMELESS YOUTH AGING OUT OF
207	207	FOSTER CARE. (a) The department shall ensure that homeless youth
208	208	who have aged out of foster care receive aftercare housing and other
209	209	benefits under the Preparation for Adult Living Program for not
210	210	less than six months while the youth is actively seeking employment
211	211	or prevocational or vocational training services or other
212	212	educational services.
213	213	(b) For a youth who will voluntarily enter extended foster
214	214	care on the youth's 18th birthday, the youth's caseworker shall, not
215	215	later than six months before the youth's 18th birthday, complete
216	216	any necessary paperwork to ensure the youth has housing on the date
217	217	the youth enters extended foster care. Not later than the 90th day
218	218	before the youth's 18th birthday, the caseworker shall review the
219	219	qualifications and requirements for the youth's housing.
220	220	(c) If a youth intends to continue living with the youth's
221	221	substitute care provider after the youth's 18th birthday, the
222	222	department shall waive any background check otherwise required for
223	223	the youth to remain living with the substitute care provider.
224	224	(d) For a youth who continues living with the youth's
225	225	substitute care provider after the youth's 18th birthday, the youth
226	226	may share a bedroom with another youth who is 16 years of age or
227	227	older provided the age difference between the youths does not
228	228	exceed two years.
229	229	(e) A substitute care provider who prohibits a youth from
230	230	living in the facility after the youth's 18th birthday shall notify
231	231	the youth and the youth's caseworker of that fact in writing not
232	232	later than:
233	233	(1) the 90th day before the youth's 18th birthday if
234	234	the facility is a foster home; and
235	235	(2) six months before the youth's 18th birthday if the
236	236	facility is a residential treatment center or cottage home.
237	237	(f) The department shall assist youth living in supervised
238	238	independent living program arrangements to develop a rental history
239	239	by allowing the youth to cosign the lease for the youth's housing
240	240	provided the property owner does not object.
241	241	(g) The department by rule shall establish a protocol that
242	242	may be implemented for a youth to prevent the youth from aging out
243	243	of a residential treatment center. The protocol must be
244	244	implemented not later than the youth's 17th birthday.
245	245	(h) The department annually shall conduct a study to:
246	246	(1) determine the number of youth in voluntary
247	247	extended foster care who are unable to obtain housing as part of the
248	248	supervised independent living program;
249	249	(2) determine the type of housing the youth are trying
250	250	to obtain; and
251	251	(3) analyze the housing options available for the
252	252	youth.
253	253	SECTION 4. Section 264.125, Family Code, is amended by
254	254	adding Subsections (e) and (f) to read as follows:
255	255	(e) The department shall include a provision in each
256	256	contract with a residential child-care facility with which children
257	257	in the conservatorship of the department are placed that requires
258	258	the facility to provide those children with age-appropriate
259	259	normalcy activities and experiential life skills.
260	260	(f) Not later than the December 1 of each year, the
261	261	department shall submit to the lieutenant governor, speaker of the
262	262	house of representatives, and chairs of the standing committees of
263	263	the senate and house of representatives having primary jurisdiction
264	264	over child protection issues a report containing information
265	265	relating to normalcy activities and experiential life skills
266	266	provided to children in the conservatorship of the department.
267	267	SECTION 5. Subchapter A, Chapter 191, Health and Safety
268	268	Code, is amended by adding Section 191.0049 to read as follows:
269	269	Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH
270	270	OR HOMELESS OR UNACCOMPANIED YOUTH. On request of a child or youth
271	271	described by this section, the state registrar, a local registrar,
272	272	or a county clerk shall issue, without fee or parental consent, a
273	273	certified copy of the child's or youth's birth record to:
274	274	(1) a homeless child or youth or an unaccompanied
275	275	youth as those terms are defined by 42 U.S.C. Section 11434a;
276	276	(2) a child in the managing conservatorship of the
277	277	Department of Family and Protective Services; and
278	278	(3) a young adult who:
279	279	(A) is at least 18 years of age, but younger than
280	280	21 years of age; and
281	281	(B) resides in a foster care placement, the cost
282	282	of which is paid by the Department of Family and Protective
283	283	Services.
284	284	SECTION 6. Subchapter E, Chapter 521, Transportation Code,
285	285	is amended by adding Section 521.1015 to read as follows:
286	286	Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED
287	287	TO FOSTER CHILD OR YOUTH, HOMELESS CHILD OR YOUTH, OR UNACCOMPANIED
288	288	YOUTH. (a) In this section:
289	289	(1) "Foster child or youth" means:
290	290	(A) a child in the managing conservatorship of
291	291	the Department of Family and Protective Services; or
292	292	(B) a young adult who:
293	293	(i) is at least 18 years of age, but younger
294	294	than 21 years of age; and
295	295	(ii) resides in a foster care placement,
296	296	the cost of which is paid by the Department of Family and Protective
297	297	Services.
298	298	(2) "Homeless child or youth" has the meaning assigned
299	299	by 42 U.S.C. Section 11434a.
300	300	(3) "Unaccompanied youth" has the meaning assigned by
301	301	42 U.S.C. Section 11434a.
302	302	(b) This section applies to the application for a personal
303	303	identification certificate only for a foster child or youth, a
304	304	homeless child or youth, or an unaccompanied youth.
305	305	(c) Notwithstanding Section 521.101, Section 521.1426, or
306	306	any other provision of this chapter, a child or youth described by
307	307	Subsection (b) may, in applying for a personal identification
308	308	certificate:
309	309	(1) provide a copy of the child's or youth's birth
310	310	certificate as proof of the child's or youth's identity and United
311	311	States citizenship, as applicable; and
312	312	(2) if the child or youth does not have a residence or
313	313	domicile:
314	314	(A) provide a letter certifying the child or
315	315	youth is a homeless child or youth or an unaccompanied youth issued
316	316	by:
317	317	(i) the school district in which the child
318	318	or youth is enrolled;
319	319	(ii) the director of an emergency shelter
320	320	or transitional housing program funded by the United States
321	321	Department of Housing and Urban Development; or
322	322	(iii) the director of:
323	323	(a) a basic center for runaway and
324	324	homeless youth; or
325	325	(b) a transitional living program; or
326	326	(B) use the address of the regional office where
327	327	the Department of Family and Protective Services caseworker for the
328	328	child or youth is based.
329	329	(d) A child or youth described by Subsection (b) may apply
330	330	for and the department may issue a personal identification
331	331	certificate without the signature or presence of or permission from
332	332	a parent or guardian of the child or youth.
333	333	(e) A child or youth described by Subsection (b) is exempt
334	334	from the payment of any fee for the issuance of a personal
335	335	identification certificate under this chapter.
336	336	SECTION 7. Section 521.1811, Transportation Code, is
337	337	amended to read as follows:
338	338	Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH,
339	339	HOMELESS CHILD OR YOUTH, OR UNACCOMPANIED [CARE] YOUTH. A person is
340	340	exempt from the payment of any fee for the issuance of a driver's
341	341	license, as provided under this chapter, if that person is:
342	342	(1) younger than 18 years of age and in the managing
343	343	conservatorship of the Department of Family and Protective
344	344	Services; [or]
345	345	(2) at least 18 years of age, but younger than 21 years
346	346	of age, and resides in a foster care placement, the cost of which is
347	347	paid by the Department of Family and Protective Services; or
348	348	(3) a homeless child or youth or an unaccompanied
349	349	youth as those terms are defined by 42 U.S.C. Section 11434a.
350	350	SECTION 8. Sections 264.121(a-4) and (a-6), Family Code,
351	351	are repealed.
352	352	SECTION 9. (a) As soon as practicable after the effective
353	353	date of this Act, the Department of Family and Protective Services
354	354	shall identify all youth in the department's conservatorship who
355	355	are 14 years of age or older who have not:
356	356	(1) received a life skills assessment or a Circles of
357	357	Support or Transition Plan Meeting; or
358	358	(2) had the youth's transition plan updated:
359	359	(A) within the preceding six months if the youth
360	360	is 16 years of age or older; or
361	361	(B) within the preceding 12 months if the youth
362	362	is 14 years of age or older.
363	363	(b) The Department of Family and Protective Services shall
364	364	ensure that all youth who have been identified under Subsection (a)
365	365	of this section immediately receive the required services.
366	366	SECTION 10. As soon as practicable after the effective date
367	367	of this Act, the Department of Family and Protective Services shall
368	368	identify each youth in the department's permanent managing
369	369	conservatorship who has not been assigned an attorney ad litem and
370	370	request the court to appoint an attorney ad litem for the youth.
371	371	SECTION 11. Not later than November 1, 2020, the Department
372	372	of Family and Protective Services shall submit to the standing
373	373	committees of the senate and house of representatives with
374	374	jurisdiction over child protective services the initial report
375	375	required by Section 264.1211(e), Family Code, as added by this Act.
376	376	SECTION 12. The changes in law made by this Act to Chapter
377	377	191, Health and Safety Code, and Chapter 521, Transportation Code,
378	378	apply to an application for a driver's license, personal
379	379	identification certificate, or birth record submitted on or after
380	380	the effective date of this Act. An application for a driver's
381	381	license, personal identification certificate, or birth record
382	382	submitted before the effective date of this Act is governed by the
383	383	law in effect on the date the application was submitted, and the
384	384	former law is continued in effect for that purpose.
385	385	SECTION 13. This Act takes effect September 1, 2019.