Texas 2021 - 87th Regular

Texas House Bill HB2632 Compare Versions

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11 87R4706 MLH-F
22 By: Minjarez H.B. No. 2632
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the Preparation for Adult Living Program and other
88 services for foster children transitioning to independent living.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 264.121, Family Code, is amended by
1111 amending Subsections (a), (a-2), (e-1), and (g) and adding
1212 Subsections (a-7) and (e-4) to read as follows:
1313 (a) The department shall address the unique challenges
1414 facing foster children in the conservatorship of the department who
1515 must transition to independent living by:
1616 (1) expanding efforts to improve transition planning
1717 and increasing the availability of transitional family group
1818 decision-making to all youth age 14 or older in the department's
1919 permanent managing conservatorship, including enrolling the youth
2020 in the Preparation for Adult Living Program before the age of 16;
2121 (2) coordinating with the commission to obtain
2222 authority, to the extent allowed by federal law, the state Medicaid
2323 plan, the Title IV-E state plan, and any waiver or amendment to
2424 either plan, necessary to:
2525 (A) extend foster care eligibility and
2626 transition services for youth up to age 21 and develop policy to
2727 permit eligible youth to return to foster care as necessary to
2828 achieve the goals of the Transitional Living Services Program; and
2929 (B) extend Medicaid coverage for foster care
3030 youth and former foster care youth up to age 21 with a single
3131 application at the time the youth leaves foster care; [and]
3232 (3) entering into cooperative agreements with the
3333 Texas Workforce Commission and local workforce development boards
3434 to further the objectives of the Preparation for Adult Living
3535 Program. The department, the Texas Workforce Commission, and the
3636 local workforce development boards shall ensure that services are
3737 prioritized and targeted to meet the needs of foster care and former
3838 foster care children and that such services will include, where
3939 feasible, referrals for short-term stays for youth needing housing;
4040 (4) addressing barriers to participation in the
4141 Preparation for Adult Living Program for a youth who has a
4242 disability by making appropriate accommodations that allow the
4343 youth to meaningfully participate in the program; and
4444 (5) documenting in the youth's case file any
4545 accommodations made under Subdivision (4).
4646 (a-2) The experiential life-skills training under
4747 Subsection (a-1) must include:
4848 (1) a financial literacy education program developed
4949 in collaboration with the Office of Consumer Credit Commissioner
5050 and the State Securities Board that:
5151 (A) includes instruction on:
5252 (i) obtaining and interpreting a credit
5353 score;
5454 (ii) protecting, repairing, and improving a
5555 credit score;
5656 (iii) avoiding predatory lending
5757 practices;
5858 (iv) saving money and accomplishing
5959 financial goals through prudent financial management practices;
6060 (v) using basic banking and accounting
6161 skills, including balancing a checkbook;
6262 (vi) using debit and credit cards
6363 responsibly;
6464 (vii) understanding a paycheck and items
6565 withheld from a paycheck;
6666 (viii) understanding the time requirements
6767 and process for filing federal taxes;
6868 (ix) protecting financial, credit, and
6969 personally identifying information in personal and professional
7070 relationships and online;
7171 (x) forms of identity and credit theft; and
7272 (xi) using insurance to protect against the
7373 risk of financial loss; and
7474 (B) assists a youth who has a source of income to:
7575 (i) establish a savings plan and, if
7676 available, a savings account that the youth can independently
7777 manage; and
7878 (ii) prepare a monthly budget that includes
7979 the following expenses:
8080 (a) rent based on the monthly rent for
8181 an apartment advertised for lease during the preceding month;
8282 (b) utilities based on a reasonable
8383 utility bill in the area in which the youth resides;
8484 (c) telephone service based on a
8585 reasonable bill for telephone service in the area in which the youth
8686 resides;
8787 (d) Internet service based on a
8888 reasonable bill for Internet service in the area in which the youth
8989 resides; and
9090 (e) other reasonable monthly
9191 expenses; and
9292 (2) for youth who are 17 years of age or older, lessons
9393 related to:
9494 (A) insurance, including applying for and
9595 obtaining automobile insurance and residential property insurance,
9696 including tenants insurance; [and]
9797 (B) civic engagement, including the process for
9898 registering to vote, the places to vote, and resources for
9999 information regarding upcoming elections; and
100100 (C) the documents the youth is required to
101101 receive under Subsection (e-1) prior to being discharged from
102102 foster care and how those documents may be used.
103103 (a-7) The department shall ensure that before a youth leaves
104104 foster care, each youth who is 14 years of age or older has an e-mail
105105 address through which the youth may receive encrypted copies of
106106 personal documents and records.
107107 (e-1) If, at the time a youth is discharged from foster
108108 care, the youth is at least 18 years of age or has had the
109109 disabilities of minority removed, the department shall provide to
110110 the youth, not later than the 30th day before the date the youth is
111111 discharged from foster care, the following information and
112112 documents unless the youth already has the information or document:
113113 (1) the youth's birth certificate;
114114 (2) the youth's immunization records;
115115 (3) the information contained in the youth's health
116116 passport;
117117 (4) a personal identification certificate under
118118 Chapter 521, Transportation Code;
119119 (5) a social security card or a replacement social
120120 security card, if appropriate; and
121121 (6) a Medicaid card or other proof of the youth's
122122 enrollment in Medicaid or an insurance card from a health plan that
123123 provides health coverage to foster youth[, if appropriate].
124124 (e-4) The youth's caseworker shall:
125125 (1) assist the youth with developing a plan for
126126 keeping the documents described by Subsection (e) in a safe place;
127127 and
128128 (2) inform the youth about the documents the youth is
129129 required to receive before the date the youth is discharged from
130130 foster care.
131131 (g) For a youth taking prescription medication, the
132132 department shall ensure that the youth's transition plan includes
133133 provisions to assist the youth in managing the use of the medication
134134 and in managing the child's long-term physical and mental health
135135 needs after leaving foster care, including:
136136 (1) provisions that inform the youth about:
137137 (A) [(1)] the use of the medication;
138138 (B) [(2)] the resources that are available to
139139 assist the youth in managing the use of the medication; and
140140 (C) [(3)] informed consent and the provision of
141141 medical care in accordance with Section 266.010(l); and
142142 (2) for each youth who is 17 years of age or older and
143143 preparing to leave foster care, a program supervised by a health
144144 care professional to assist the youth with independently managing
145145 the youth's medication.
146146 SECTION 2. Subchapter B, Chapter 264, Family Code, is
147147 amended by adding Section 264.1214 to read as follows:
148148 Sec. 264.1214. HOUSING FOR HOMELESS YOUTH AGING OUT OF
149149 FOSTER CARE. (a) For a youth who will voluntarily enter extended
150150 foster care on the youth's 18th birthday, the youth's caseworker
151151 shall, not later than six months before the youth's 18th birthday,
152152 complete any necessary transitional living or supervised
153153 independent living paperwork to ensure the youth has housing on the
154154 date the youth enters extended foster care. Not later than the 90th
155155 day before the youth's 18th birthday, the caseworker shall review
156156 the qualifications and requirements for the youth's housing.
157157 (b) If a youth intends to continue living with the youth's
158158 substitute care provider after the youth's 18th birthday, the
159159 department shall waive any background check otherwise required for
160160 the youth to remain living with the substitute care provider.
161161 (c) For a youth who continues living with the youth's
162162 substitute care provider after the youth's 18th birthday, the youth
163163 may share a bedroom with another youth who is 16 years of age or
164164 older provided the age difference between the youths does not
165165 exceed two years.
166166 (d) A substitute care provider who prohibits a youth from
167167 living in the facility after the youth's 18th birthday shall notify
168168 the youth's caseworker of that fact:
169169 (1) not later than:
170170 (A) the 90th day before the youth's 18th birthday
171171 if the facility is a foster home; or
172172 (B) six months before the youth's 18th birthday
173173 if the facility is a cottage family home or general residential
174174 operation; or
175175 (2) as soon as possible if the youth is placed in a
176176 foster home, cottage family home, or general residential operation
177177 less than six months before the youth's 18th birthday.
178178 (e) After receiving notice under Subsection (d), the
179179 youth's caseworker shall verbally communicate with the youth about
180180 the youth's living arrangements and document the substance of the
181181 communication in the youth's case file.
182182 (f) The department shall assist a youth living in a
183183 supervised independent living program arrangement to develop a
184184 rental history by allowing the youth to cosign the lease for the
185185 youth's housing provided the property owner does not object.
186186 (g) The department by rule shall establish a protocol that
187187 may be implemented for a youth to prevent the youth from aging out
188188 of a residential treatment center. The protocol, if implemented,
189189 must be implemented not later than the youth's 17th birthday or at
190190 the time the youth is placed in a residential treatment center after
191191 the youth's 17th birthday.
192192 SECTION 3. This Act takes effect September 1, 2021.