Texas 2023 - 88th Regular

Texas House Bill HB1431 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R5617 BDP-D
2	2	By: Meza H.B. No. 1431
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to monetary assistance provided by the Department of
8	8	Family and Protective Services to certain relative or designated
9	9	caregivers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 264.752(c), Family Code, is amended to
12	12	read as follows:
13	13	(c) The executive commissioner shall adopt rules necessary
14	14	to implement this subchapter. [The rules must include eligibility
15	15	criteria for receiving assistance and services under this
16	16	subchapter.]
17	17	SECTION 2. Section 264.755, Family Code, as amended by
18	18	Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular
19	19	Session, 2017, is amended by reenacting and amending Subsections
20	20	(a), (b), (b-1), (c), and (f) to read as follows:
21	21	(a) The department shall, subject to the availability of
22	22	funds, enter into a caregiver assistance agreement with each
23	23	relative or other designated caregiver to provide monetary
24	24	assistance and additional support services to the caregiver. [The
25	25	monetary assistance and support services shall be based on a
26	26	family's need, as determined by Subsection (b) and rules adopted by
27	27	the executive commissioner.]
28	28	(b) The department shall provide monetary assistance under
29	29	this section to each relative or other designated [a] caregiver
30	30	[who has a family income that is less than or equal to 300 percent of
31	31	the federal poverty level]. Monetary assistance provided to a
32	32	caregiver under this section may not exceed 50 percent of the
33	33	department's daily basic foster care rate for the child. [A
34	34	caregiver who has a family income greater than 300 percent of the
35	35	federal poverty level is not eligible for monetary assistance under
36	36	this section.]
37	37	(b-1) The department shall disburse monetary assistance
38	38	provided to a caregiver under Subsection (b) in the same manner as
39	39	the department disburses payments to a foster parent. The
40	40	department may not provide monetary assistance to an eligible
41	41	caregiver under Subsection (b) after the first anniversary of the
42	42	date the caregiver receives the first monetary assistance payment
43	43	from the department under this section. The department, at its
44	44	discretion and for good cause, may extend the monetary assistance
45	45	payments for an additional six months.
46	46	(c) Monetary assistance and additional support services
47	47	provided under this section may include:
48	48	(1) case management services and training and
49	49	information about the child's needs until the caregiver is
50	50	appointed permanent managing conservator;
51	51	(2) referrals to appropriate state agencies
52	52	administering public benefits or assistance programs for which the
53	53	child, the caregiver, or the caregiver's family may qualify;
54	54	(3) family counseling not provided under the Medicaid
55	55	program for the caregiver's family for a period not to exceed two
56	56	years from the date of initial placement;
57	57	(4) [if the caregiver meets the eligibility criteria
58	58	determined by rules adopted by the executive commissioner,]
59	59	reimbursement of all child-care expenses incurred while the child
60	60	is under 13 years of age, or under 18 years of age if the child has a
61	61	developmental disability, and while the department is the child's
62	62	managing conservator; and
63	63	(5) [if the caregiver meets the eligibility criteria
64	64	determined by rules adopted by the executive commissioner,]
65	65	reimbursement of 50 percent of child-care expenses incurred after
66	66	the caregiver is appointed permanent managing conservator of the
67	67	child while the child is under 13 years of age, or under 18 years of
68	68	age if the child has a developmental disability.
69	69	(f) If a person [who has a family income that is less than or
70	70	equal to 300 percent of the federal poverty level] enters into a
71	71	caregiver assistance agreement with the department, obtains
72	72	permanent managing conservatorship of a child, and meets all other
73	73	eligibility requirements, the person may receive an annual
74	74	reimbursement of other expenses for the child, as determined by
75	75	rules adopted by the executive commissioner, not to exceed $500 per
76	76	year until the earlier of:
77	77	(1) the third anniversary of the date the person was
78	78	awarded permanent managing conservatorship of the child; or
79	79	(2) the child's 18th birthday.
80	80	SECTION 3. Section 264.755(b-2), Family Code, is repealed.
81	81	SECTION 4. Section 264.755, Family Code, as amended by this
82	82	Act, applies to a caregiver assistance agreement entered into
83	83	before, on, or after the effective date of this Act.
84	84	SECTION 5. This Act takes effect September 1, 2023.