1 | 1 | | 87R4706 MLH-F |
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2 | 2 | | By: Minjarez H.B. No. 2632 |
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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 the Preparation for Adult Living Program and other |
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8 | 8 | | services for foster children transitioning to independent living. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 264.121, Family Code, is amended by |
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11 | 11 | | amending Subsections (a), (a-2), (e-1), and (g) and adding |
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12 | 12 | | Subsections (a-7) and (e-4) to read as follows: |
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13 | 13 | | (a) The department shall address the unique challenges |
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14 | 14 | | facing foster children in the conservatorship of the department who |
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15 | 15 | | must transition to independent living by: |
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16 | 16 | | (1) expanding efforts to improve transition planning |
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17 | 17 | | and increasing the availability of transitional family group |
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18 | 18 | | decision-making to all youth age 14 or older in the department's |
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19 | 19 | | permanent managing conservatorship, including enrolling the youth |
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20 | 20 | | in the Preparation for Adult Living Program before the age of 16; |
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21 | 21 | | (2) coordinating with the commission to obtain |
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22 | 22 | | authority, to the extent allowed by federal law, the state Medicaid |
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23 | 23 | | plan, the Title IV-E state plan, and any waiver or amendment to |
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24 | 24 | | either plan, necessary to: |
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25 | 25 | | (A) extend foster care eligibility and |
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26 | 26 | | transition services for youth up to age 21 and develop policy to |
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27 | 27 | | permit eligible youth to return to foster care as necessary to |
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28 | 28 | | achieve the goals of the Transitional Living Services Program; and |
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29 | 29 | | (B) extend Medicaid coverage for foster care |
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30 | 30 | | youth and former foster care youth up to age 21 with a single |
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31 | 31 | | application at the time the youth leaves foster care; [and] |
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32 | 32 | | (3) entering into cooperative agreements with the |
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33 | 33 | | Texas Workforce Commission and local workforce development boards |
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34 | 34 | | to further the objectives of the Preparation for Adult Living |
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35 | 35 | | Program. The department, the Texas Workforce Commission, and the |
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36 | 36 | | local workforce development boards shall ensure that services are |
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37 | 37 | | prioritized and targeted to meet the needs of foster care and former |
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38 | 38 | | foster care children and that such services will include, where |
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39 | 39 | | feasible, referrals for short-term stays for youth needing housing; |
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40 | 40 | | (4) addressing barriers to participation in the |
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41 | 41 | | Preparation for Adult Living Program for a youth who has a |
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42 | 42 | | disability by making appropriate accommodations that allow the |
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43 | 43 | | youth to meaningfully participate in the program; and |
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44 | 44 | | (5) documenting in the youth's case file any |
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45 | 45 | | accommodations made under Subdivision (4). |
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46 | 46 | | (a-2) The experiential life-skills training under |
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47 | 47 | | Subsection (a-1) must include: |
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48 | 48 | | (1) a financial literacy education program developed |
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49 | 49 | | in collaboration with the Office of Consumer Credit Commissioner |
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50 | 50 | | and the State Securities Board that: |
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51 | 51 | | (A) includes instruction on: |
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52 | 52 | | (i) obtaining and interpreting a credit |
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53 | 53 | | score; |
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54 | 54 | | (ii) protecting, repairing, and improving a |
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55 | 55 | | credit score; |
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56 | 56 | | (iii) avoiding predatory lending |
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57 | 57 | | practices; |
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58 | 58 | | (iv) saving money and accomplishing |
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59 | 59 | | financial goals through prudent financial management practices; |
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60 | 60 | | (v) using basic banking and accounting |
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61 | 61 | | skills, including balancing a checkbook; |
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62 | 62 | | (vi) using debit and credit cards |
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63 | 63 | | responsibly; |
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64 | 64 | | (vii) understanding a paycheck and items |
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65 | 65 | | withheld from a paycheck; |
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66 | 66 | | (viii) understanding the time requirements |
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67 | 67 | | and process for filing federal taxes; |
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68 | 68 | | (ix) protecting financial, credit, and |
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69 | 69 | | personally identifying information in personal and professional |
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70 | 70 | | relationships and online; |
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71 | 71 | | (x) forms of identity and credit theft; and |
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72 | 72 | | (xi) using insurance to protect against the |
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73 | 73 | | risk of financial loss; and |
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74 | 74 | | (B) assists a youth who has a source of income to: |
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75 | 75 | | (i) establish a savings plan and, if |
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76 | 76 | | available, a savings account that the youth can independently |
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77 | 77 | | manage; and |
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78 | 78 | | (ii) prepare a monthly budget that includes |
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79 | 79 | | the following expenses: |
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80 | 80 | | (a) rent based on the monthly rent for |
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81 | 81 | | an apartment advertised for lease during the preceding month; |
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82 | 82 | | (b) utilities based on a reasonable |
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83 | 83 | | utility bill in the area in which the youth resides; |
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84 | 84 | | (c) telephone service based on a |
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85 | 85 | | reasonable bill for telephone service in the area in which the youth |
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86 | 86 | | resides; |
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87 | 87 | | (d) Internet service based on a |
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88 | 88 | | reasonable bill for Internet service in the area in which the youth |
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89 | 89 | | resides; and |
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90 | 90 | | (e) other reasonable monthly |
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91 | 91 | | expenses; and |
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92 | 92 | | (2) for youth who are 17 years of age or older, lessons |
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93 | 93 | | related to: |
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94 | 94 | | (A) insurance, including applying for and |
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95 | 95 | | obtaining automobile insurance and residential property insurance, |
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96 | 96 | | including tenants insurance; [and] |
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97 | 97 | | (B) civic engagement, including the process for |
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98 | 98 | | registering to vote, the places to vote, and resources for |
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99 | 99 | | information regarding upcoming elections; and |
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100 | 100 | | (C) the documents the youth is required to |
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101 | 101 | | receive under Subsection (e-1) prior to being discharged from |
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102 | 102 | | foster care and how those documents may be used. |
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103 | 103 | | (a-7) The department shall ensure that before a youth leaves |
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104 | 104 | | foster care, each youth who is 14 years of age or older has an e-mail |
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105 | 105 | | address through which the youth may receive encrypted copies of |
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106 | 106 | | personal documents and records. |
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107 | 107 | | (e-1) If, at the time a youth is discharged from foster |
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108 | 108 | | care, the youth is at least 18 years of age or has had the |
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109 | 109 | | disabilities of minority removed, the department shall provide to |
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110 | 110 | | the youth, not later than the 30th day before the date the youth is |
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111 | 111 | | discharged from foster care, the following information and |
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112 | 112 | | documents unless the youth already has the information or document: |
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113 | 113 | | (1) the youth's birth certificate; |
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114 | 114 | | (2) the youth's immunization records; |
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115 | 115 | | (3) the information contained in the youth's health |
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116 | 116 | | passport; |
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117 | 117 | | (4) a personal identification certificate under |
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118 | 118 | | Chapter 521, Transportation Code; |
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119 | 119 | | (5) a social security card or a replacement social |
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120 | 120 | | security card, if appropriate; and |
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121 | 121 | | (6) a Medicaid card or other proof of the youth's |
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122 | 122 | | enrollment in Medicaid or an insurance card from a health plan that |
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123 | 123 | | provides health coverage to foster youth[, if appropriate]. |
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124 | 124 | | (e-4) The youth's caseworker shall: |
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125 | 125 | | (1) assist the youth with developing a plan for |
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126 | 126 | | keeping the documents described by Subsection (e) in a safe place; |
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127 | 127 | | and |
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128 | 128 | | (2) inform the youth about the documents the youth is |
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129 | 129 | | required to receive before the date the youth is discharged from |
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130 | 130 | | foster care. |
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131 | 131 | | (g) For a youth taking prescription medication, the |
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132 | 132 | | department shall ensure that the youth's transition plan includes |
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133 | 133 | | provisions to assist the youth in managing the use of the medication |
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134 | 134 | | and in managing the child's long-term physical and mental health |
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135 | 135 | | needs after leaving foster care, including: |
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136 | 136 | | (1) provisions that inform the youth about: |
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137 | 137 | | (A) [(1)] the use of the medication; |
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138 | 138 | | (B) [(2)] the resources that are available to |
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139 | 139 | | assist the youth in managing the use of the medication; and |
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140 | 140 | | (C) [(3)] informed consent and the provision of |
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141 | 141 | | medical care in accordance with Section 266.010(l); and |
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142 | 142 | | (2) for each youth who is 17 years of age or older and |
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143 | 143 | | preparing to leave foster care, a program supervised by a health |
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144 | 144 | | care professional to assist the youth with independently managing |
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145 | 145 | | the youth's medication. |
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146 | 146 | | SECTION 2. Subchapter B, Chapter 264, Family Code, is |
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147 | 147 | | amended by adding Section 264.1214 to read as follows: |
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148 | 148 | | Sec. 264.1214. HOUSING FOR HOMELESS YOUTH AGING OUT OF |
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149 | 149 | | FOSTER CARE. (a) For a youth who will voluntarily enter extended |
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150 | 150 | | foster care on the youth's 18th birthday, the youth's caseworker |
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151 | 151 | | shall, not later than six months before the youth's 18th birthday, |
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152 | 152 | | complete any necessary transitional living or supervised |
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153 | 153 | | independent living paperwork to ensure the youth has housing on the |
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154 | 154 | | date the youth enters extended foster care. Not later than the 90th |
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155 | 155 | | day before the youth's 18th birthday, the caseworker shall review |
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156 | 156 | | the qualifications and requirements for the youth's housing. |
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157 | 157 | | (b) If a youth intends to continue living with the youth's |
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158 | 158 | | substitute care provider after the youth's 18th birthday, the |
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159 | 159 | | department shall waive any background check otherwise required for |
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160 | 160 | | the youth to remain living with the substitute care provider. |
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161 | 161 | | (c) For a youth who continues living with the youth's |
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162 | 162 | | substitute care provider after the youth's 18th birthday, the youth |
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163 | 163 | | may share a bedroom with another youth who is 16 years of age or |
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164 | 164 | | older provided the age difference between the youths does not |
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165 | 165 | | exceed two years. |
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166 | 166 | | (d) A substitute care provider who prohibits a youth from |
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167 | 167 | | living in the facility after the youth's 18th birthday shall notify |
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168 | 168 | | the youth's caseworker of that fact: |
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169 | 169 | | (1) not later than: |
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170 | 170 | | (A) the 90th day before the youth's 18th birthday |
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171 | 171 | | if the facility is a foster home; or |
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172 | 172 | | (B) six months before the youth's 18th birthday |
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173 | 173 | | if the facility is a cottage family home or general residential |
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174 | 174 | | operation; or |
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175 | 175 | | (2) as soon as possible if the youth is placed in a |
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176 | 176 | | foster home, cottage family home, or general residential operation |
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177 | 177 | | less than six months before the youth's 18th birthday. |
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178 | 178 | | (e) After receiving notice under Subsection (d), the |
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179 | 179 | | youth's caseworker shall verbally communicate with the youth about |
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180 | 180 | | the youth's living arrangements and document the substance of the |
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181 | 181 | | communication in the youth's case file. |
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182 | 182 | | (f) The department shall assist a youth living in a |
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183 | 183 | | supervised independent living program arrangement to develop a |
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184 | 184 | | rental history by allowing the youth to cosign the lease for the |
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185 | 185 | | youth's housing provided the property owner does not object. |
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186 | 186 | | (g) The department by rule shall establish a protocol that |
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187 | 187 | | may be implemented for a youth to prevent the youth from aging out |
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188 | 188 | | of a residential treatment center. The protocol, if implemented, |
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189 | 189 | | must be implemented not later than the youth's 17th birthday or at |
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190 | 190 | | the time the youth is placed in a residential treatment center after |
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191 | 191 | | the youth's 17th birthday. |
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192 | 192 | | SECTION 3. This Act takes effect September 1, 2021. |
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