1 | 1 | | 89R5163 RAL-D |
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2 | 2 | | By: Meza H.B. No. 1473 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to monetary assistance provided by the Department of |
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10 | 10 | | Family and Protective Services to certain relative or designated |
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11 | 11 | | caregivers. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 264.752(c), Family Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (c) The executive commissioner shall adopt rules necessary |
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16 | 16 | | to implement this subchapter. [The rules must include eligibility |
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17 | 17 | | criteria for receiving assistance and services under this |
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18 | 18 | | subchapter.] |
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19 | 19 | | SECTION 2. Section 264.755, Family Code, as amended by |
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20 | 20 | | Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular |
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21 | 21 | | Session, 2017, is amended by reenacting and amending Subsections |
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22 | 22 | | (a), (b), (b-1), (c), and (f) to read as follows: |
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23 | 23 | | (a) The department shall, subject to the availability of |
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24 | 24 | | funds, enter into a caregiver assistance agreement with each |
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25 | 25 | | relative or other designated caregiver to provide monetary |
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26 | 26 | | assistance and additional support services to the caregiver. [The |
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27 | 27 | | monetary assistance and support services shall be based on a |
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28 | 28 | | family's need, as determined by Subsection (b) and rules adopted by |
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29 | 29 | | the executive commissioner.] |
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30 | 30 | | (b) The department shall provide monetary assistance under |
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31 | 31 | | this section to each relative or other designated [a] caregiver |
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32 | 32 | | [who has a family income that is less than or equal to 300 percent of |
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33 | 33 | | the federal poverty level]. Monetary assistance provided to a |
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34 | 34 | | caregiver under this section may not exceed 50 percent of the |
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35 | 35 | | department's daily basic foster care rate for the child. [A |
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36 | 36 | | caregiver who has a family income greater than 300 percent of the |
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37 | 37 | | federal poverty level is not eligible for monetary assistance under |
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38 | 38 | | this section.] |
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39 | 39 | | (b-1) The department shall disburse monetary assistance |
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40 | 40 | | provided to a caregiver under Subsection (b) in the same manner as |
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41 | 41 | | the department disburses payments to a foster parent. The |
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42 | 42 | | department may not provide monetary assistance to an eligible |
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43 | 43 | | caregiver under Subsection (b) after the first anniversary of the |
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44 | 44 | | date the caregiver receives the first monetary assistance payment |
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45 | 45 | | from the department under this section. The department, at its |
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46 | 46 | | discretion and for good cause, may extend the monetary assistance |
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47 | 47 | | payments for an additional six months. |
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48 | 48 | | (c) Monetary assistance and additional support services |
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49 | 49 | | provided under this section may include: |
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50 | 50 | | (1) case management services and training and |
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51 | 51 | | information about the child's needs until the caregiver is |
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52 | 52 | | appointed permanent managing conservator; |
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53 | 53 | | (2) referrals to appropriate state agencies |
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54 | 54 | | administering public benefits or assistance programs for which the |
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55 | 55 | | child, the caregiver, or the caregiver's family may qualify; |
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56 | 56 | | (3) family counseling not provided under the Medicaid |
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57 | 57 | | program for the caregiver's family for a period not to exceed two |
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58 | 58 | | years from the date of initial placement; |
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59 | 59 | | (4) [if the caregiver meets the eligibility criteria |
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60 | 60 | | determined by rules adopted by the executive commissioner,] |
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61 | 61 | | reimbursement of all child-care expenses incurred while the child |
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62 | 62 | | is under 13 years of age, or under 18 years of age if the child has a |
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63 | 63 | | developmental disability, and while the department is the child's |
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64 | 64 | | managing conservator; and |
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65 | 65 | | (5) [if the caregiver meets the eligibility criteria |
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66 | 66 | | determined by rules adopted by the executive commissioner,] |
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67 | 67 | | reimbursement of 50 percent of child-care expenses incurred after |
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68 | 68 | | the caregiver is appointed permanent managing conservator of the |
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69 | 69 | | child while the child is under 13 years of age, or under 18 years of |
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70 | 70 | | age if the child has a developmental disability. |
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71 | 71 | | (f) If a person [who has a family income that is less than or |
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72 | 72 | | equal to 300 percent of the federal poverty level] enters into a |
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73 | 73 | | caregiver assistance agreement with the department, obtains |
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74 | 74 | | permanent managing conservatorship of a child, and meets all other |
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75 | 75 | | eligibility requirements, the person may receive an annual |
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76 | 76 | | reimbursement of other expenses for the child, as determined by |
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77 | 77 | | rules adopted by the executive commissioner, not to exceed $500 per |
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78 | 78 | | year until the earlier of: |
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79 | 79 | | (1) the third anniversary of the date the person was |
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80 | 80 | | awarded permanent managing conservatorship of the child; or |
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81 | 81 | | (2) the child's 18th birthday. |
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82 | 82 | | SECTION 3. Section 264.755(b-2), Family Code, is repealed. |
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83 | 83 | | SECTION 4. Section 264.755, Family Code, as amended by this |
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84 | 84 | | Act, applies to a caregiver assistance agreement entered into |
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85 | 85 | | before, on, or after the effective date of this Act. |
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86 | 86 | | SECTION 5. This Act takes effect September 1, 2025. |
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