Texas 2023 - 88th Regular

Texas House Bill HB2613 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2938 BDP-D
2	2	By: Hull H.B. No. 2613
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 must be equal to [may not exceed 50
33	33	percent of] the department's minimum daily [basic] foster care
34	34	reimbursement rate for the child. [A caregiver who has a family
35	35	income greater than 300 percent of the federal poverty level is not
36	36	eligible for monetary assistance under 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, including
40	40	making a rate increase effective on the same date the department
41	41	implements a rate increase for the minimum daily foster care
42	42	reimbursement rate. The department may not provide monetary
43	43	assistance to an eligible caregiver under Subsection (b) after the
44	44	first anniversary of the date the caregiver receives the first
45	45	monetary assistance payment from the department under this section.
46	46	The department, at its discretion and for good cause, may extend the
47	47	monetary assistance payments for an additional six months.
48	48	(c) Monetary assistance and additional support services
49	49	provided under this section may include:
50	50	(1) case management services and training and
51	51	information about the child's needs until the caregiver is
52	52	appointed permanent managing conservator;
53	53	(2) referrals to appropriate state agencies
54	54	administering public benefits or assistance programs for which the
55	55	child, the caregiver, or the caregiver's family may qualify;
56	56	(3) family counseling not provided under the Medicaid
57	57	program for the caregiver's family for a period not to exceed two
58	58	years from the date of initial placement;
59	59	(4) [if the caregiver meets the eligibility criteria
60	60	determined by rules adopted by the executive commissioner,]
61	61	reimbursement of all child-care expenses incurred while the child
62	62	is under 13 years of age, or under 18 years of age if the child has a
63	63	developmental disability, and while the department is the child's
64	64	managing conservator; and
65	65	(5) [if the caregiver meets the eligibility criteria
66	66	determined by rules adopted by the executive commissioner,]
67	67	reimbursement of 50 percent of child-care expenses incurred after
68	68	the caregiver is appointed permanent managing conservator of the
69	69	child while the child is under 13 years of age, or under 18 years of
70	70	age if the child has a developmental disability.
71	71	(f) If a person [who has a family income that is less than or
72	72	equal to 300 percent of the federal poverty level] enters into a
73	73	caregiver assistance agreement with the department, obtains
74	74	permanent managing conservatorship of a child, and meets all other
75	75	eligibility requirements, the person may receive an annual
76	76	reimbursement of other expenses for the child, as determined by
77	77	rules adopted by the executive commissioner, not to exceed $500 per
78	78	year until the earlier of:
79	79	(1) the third anniversary of the date the person was
80	80	awarded permanent managing conservatorship of the child; or
81	81	(2) the child's 18th birthday.
82	82	SECTION 3. Section 264.755(b-2), Family Code, is repealed.
83	83	SECTION 4. Section 264.755, Family Code, as amended by this
84	84	Act, applies to a caregiver assistance agreement entered into
85	85	before, on, or after the effective date of this Act.
86	86	SECTION 5. This Act takes effect September 1, 2023.