Texas 2023 - 88th Regular

Texas House Bill HB4159 Compare Versions

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Version 2 (New)

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1	1	88R14252 BDP-D
2	2	By: Gervin-Hawkins H.B. No. 4159
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures for the removal of certain children in
8	8	the managing conservatorship of the Department of Family and
9	9	Protective Services and monetary assistance provided by the
10	10	Department of Family and Protective Services to certain relative or
11	11	designated caregivers.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 262, Family Code, is
14	14	amended by adding Section 262.117 to read as follows:
15	15	Sec. 262.117. LIMITS ON REMOVAL FROM RELATIVE CAREGIVER.
16	16	(a) Except as provided by Subsection (b), the department may not
17	17	take possession of a child under this subchapter who has been placed
18	18	with a relative caregiver under Subchapter I, Chapter 264, whose
19	19	relationship with the child is within the fourth degree by
20	20	consanguinity before the department has, to the extent applicable:
21	21	(1) conducted an investigation;
22	22	(2) provided parental services and resources to the
23	23	caregiver; or
24	24	(3) provided warnings or reminders of appropriate
25	25	policy to the caregiver.
26	26	(b) Notwithstanding Subsection (a), the department may take
27	27	possession of a child as authorized by Section 262.102 or 262.104 in
28	28	the manner prescribed by those sections.
29	29	SECTION 2. Section 264.752(c), Family Code, is amended to
30	30	read as follows:
31	31	(c) The executive commissioner shall adopt rules necessary
32	32	to implement this subchapter. [The rules must include eligibility
33	33	criteria for receiving assistance and services under this
34	34	subchapter.]
35	35	SECTION 3. Section 264.755, Family Code, as amended by
36	36	Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular
37	37	Session, 2017, is amended by reenacting and amending Subsections
38	38	(a), (b), (b-1), (c), and (f) to read as follows:
39	39	(a) The department shall, subject to the availability of
40	40	funds, enter into a caregiver assistance agreement with each
41	41	relative or other designated caregiver to provide monetary
42	42	assistance and additional support services to the caregiver. [The
43	43	monetary assistance and support services shall be based on a
44	44	family's need, as determined by Subsection (b) and rules adopted by
45	45	the executive commissioner.]
46	46	(b) The department shall provide monetary assistance under
47	47	this section to each relative or other designated [a] caregiver
48	48	[who has a family income that is less than or equal to 300 percent of
49	49	the federal poverty level]. Monetary assistance provided to a
50	50	caregiver under this section must be equal to [may not exceed 50
51	51	percent of] the department's minimum daily [basic] foster care
52	52	reimbursement rate for the child. [A caregiver who has a family
53	53	income greater than 300 percent of the federal poverty level is not
54	54	eligible for monetary assistance under this section.]
55	55	(b-1) The department shall disburse monetary assistance
56	56	provided to a caregiver under Subsection (b) in the same manner as
57	57	the department disburses payments to a foster parent. [The
58	58	department may not provide monetary assistance to an eligible
59	59	caregiver under Subsection (b) after the first anniversary of the
60	60	date the caregiver receives the first monetary assistance payment
61	61	from the department under this section. The department, at its
62	62	discretion and for good cause, may extend the monetary assistance
63	63	payments for an additional six months.]
64	64	(c) Monetary assistance and additional support services
65	65	provided under this section may include:
66	66	(1) case management services and training and
67	67	information about the child's needs until the caregiver is
68	68	appointed permanent managing conservator;
69	69	(2) referrals to appropriate state agencies
70	70	administering public benefits or assistance programs for which the
71	71	child, the caregiver, or the caregiver's family may qualify;
72	72	(3) family counseling not provided under the Medicaid
73	73	program for the caregiver's family for a period not to exceed two
74	74	years from the date of initial placement;
75	75	(4) [if the caregiver meets the eligibility criteria
76	76	determined by rules adopted by the executive commissioner,]
77	77	reimbursement of all child-care expenses incurred while the child
78	78	is under 13 years of age, or under 18 years of age if the child has a
79	79	developmental disability, and while the department is the child's
80	80	managing conservator; and
81	81	(5) [if the caregiver meets the eligibility criteria
82	82	determined by rules adopted by the executive commissioner,]
83	83	reimbursement of 50 percent of child-care expenses incurred after
84	84	the caregiver is appointed permanent managing conservator of the
85	85	child while the child is under 13 years of age, or under 18 years of
86	86	age if the child has a developmental disability.
87	87	(f) If a person [who has a family income that is less than or
88	88	equal to 300 percent of the federal poverty level] enters into a
89	89	caregiver assistance agreement with the department, obtains
90	90	permanent managing conservatorship of a child, and meets all other
91	91	eligibility requirements, the person may receive an annual
92	92	reimbursement of other expenses for the child, as determined by
93	93	rules adopted by the executive commissioner, not to exceed $500 per
94	94	year until the earlier of:
95	95	(1) the third anniversary of the date the person was
96	96	awarded permanent managing conservatorship of the child; or
97	97	(2) the child's 18th birthday.
98	98	SECTION 4. Section 264.755(b-2), Family Code, is repealed.
99	99	SECTION 5. Section 264.755, Family Code, as amended by this
100	100	Act, applies to a caregiver assistance agreement entered into
101	101	before, on, or after the effective date of this Act.
102	102	SECTION 6. This Act takes effect September 1, 2023.