1 | 1 | | By: Bowers H.B. No. 2902 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the establishment of the Supported Independent Living |
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9 | 9 | | Program. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter B, Chapter 264, Family Code, is |
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12 | 12 | | amended by adding Section 264.133 to read as follows: |
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13 | 13 | | Sec. 264.133. SUPPORTED INDEPENDENT LIVING PROGRAM. The |
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14 | 14 | | department shall establish the supported independent living |
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15 | 15 | | program to assist young adults interested in transitioning to |
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16 | 16 | | voluntary extended foster care by: |
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17 | 17 | | (1) providing the young adult with an independent |
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18 | 18 | | living placement that includes case management and support services |
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19 | 19 | | with limited supervision; and |
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20 | 20 | | (2) assisting the young adult with becoming |
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21 | 21 | | self-sufficient through: |
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22 | 22 | | (A) achieving identified educational and |
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23 | 23 | | employment goals; |
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24 | 24 | | (B) accessing community resources; |
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25 | 25 | | (C) receiving training in life skills; and |
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26 | 26 | | (D) establishing important relationships. |
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27 | 27 | | SECTION 2. Section 264.121(i), Family Code, is amended to |
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28 | 28 | | read as follows: |
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29 | 29 | | (i) The department shall ensure that the transition plan for |
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30 | 30 | | each youth 16 years of age or older includes provisions to assist |
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31 | 31 | | the youth in managing the youth's housing needs after the youth |
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32 | 32 | | leaves foster care, including provisions that: |
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33 | 33 | | (1) identify the cost of housing in relation to the |
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34 | 34 | | youth's sources of income, including any benefits or rental |
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35 | 35 | | assistance available to the youth; |
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36 | 36 | | (2) if the youth's housing goals include residing with |
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37 | 37 | | family or friends, state that the department has addressed the |
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38 | 38 | | following with the youth: |
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39 | 39 | | (A) the length of time the youth expects to stay |
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40 | 40 | | in the housing arrangement; |
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41 | 41 | | (B) expectations for the youth regarding paying |
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42 | 42 | | rent and meeting other household obligations; |
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43 | 43 | | (C) the youth's psychological and emotional |
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44 | 44 | | needs, as applicable; and |
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45 | 45 | | (D) any potential conflicts with other household |
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46 | 46 | | members, or any difficulties connected to the type of housing the |
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47 | 47 | | youth is seeking, that may arise based on the youth's psychological |
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48 | 48 | | and emotional needs; |
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49 | 49 | | (3) inform the youth about emergency shelters and |
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50 | 50 | | housing resources, including supported [supervised] independent |
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51 | 51 | | living and housing at colleges and universities, such as |
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52 | 52 | | dormitories; |
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53 | 53 | | (4) require the department to review a common rental |
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54 | 54 | | application with the youth and ensure that the youth possesses all |
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55 | 55 | | of the documentation required to obtain rental housing; and |
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56 | 56 | | (5) identify any individuals who are able to serve as |
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57 | 57 | | cosigners or references on the youth's applications for housing. |
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58 | 58 | | SECTION 3. Sections 264.1214(a) and (f), Family Code, are |
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59 | 59 | | amended to read as follows: |
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60 | 60 | | (a) For a youth who will voluntarily enter extended foster |
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61 | 61 | | care on the youth's 18th birthday, the youth's caseworker shall, not |
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62 | 62 | | later than six months before the youth's 18th birthday, complete |
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63 | 63 | | any necessary transitional living or supported [supervised] |
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64 | 64 | | independent living paperwork to ensure the youth has housing on the |
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65 | 65 | | date the youth enters extended foster care. Not later than the 90th |
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66 | 66 | | day before the youth's 18th birthday, the caseworker shall review |
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67 | 67 | | the qualifications and requirements for the youth's housing. |
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68 | 68 | | (f) The department shall assist a youth living in a |
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69 | 69 | | supported [supervised] independent living program arrangement to |
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70 | 70 | | develop a rental history by allowing the youth to cosign the lease |
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71 | 71 | | for the youth's housing provided the property owner does not |
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72 | 72 | | object. |
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73 | 73 | | SECTION 4. Section 411.114(a)(3), Government Code, is |
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74 | 74 | | amended to read as follows: |
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75 | 75 | | (3) In addition to the criminal history record |
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76 | 76 | | information the Department of Family and Protective Services or the |
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77 | 77 | | Health and Human Services Commission is required to obtain under |
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78 | 78 | | Subdivision (2), the Department of Family and Protective Services |
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79 | 79 | | or the Health and Human Services Commission, as applicable, is |
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80 | 80 | | entitled to obtain criminal history record information as provided |
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81 | 81 | | by Subdivision (4) that relates to a person who is: |
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82 | 82 | | (A) an applicant for a position with the |
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83 | 83 | | Department of Family and Protective Services or the Health and |
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84 | 84 | | Human Services Commission regardless of the duties of the position, |
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85 | 85 | | including a position described by Subdivision (2)(D); |
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86 | 86 | | (B) a Department of Family and Protective |
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87 | 87 | | Services employee or a Health and Human Services Commission |
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88 | 88 | | employee regardless of the duties of the employee's position, |
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89 | 89 | | including an employee described by Subdivision (2)(H); |
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90 | 90 | | (C) a volunteer or applicant volunteer with the |
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91 | 91 | | Department of Family and Protective Services or the Health and |
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92 | 92 | | Human Services Commission regardless of the duties to be performed, |
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93 | 93 | | including a registered volunteer; |
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94 | 94 | | (D) an employee of, an applicant for employment |
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95 | 95 | | with, or a volunteer or an applicant volunteer with an entity or |
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96 | 96 | | person who contracts with the Department of Family and Protective |
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97 | 97 | | Services or the Health and Human Services Commission, as |
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98 | 98 | | applicable, and has access to confidential information in that |
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99 | 99 | | department's or commission's records, if the employee, applicant, |
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100 | 100 | | volunteer, or applicant volunteer has or will have access to that |
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101 | 101 | | confidential information; |
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102 | 102 | | (E) a person living in the residence in which the |
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103 | 103 | | alleged victim of the report resides, including an alleged |
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104 | 104 | | perpetrator in a report described by Subdivision (2)(I); |
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105 | 105 | | (F) a person providing, at the request of the |
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106 | 106 | | child's parent, in-home care for a child who is the subject of a |
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107 | 107 | | report alleging the child has been abused or neglected; |
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108 | 108 | | (G) a person providing, at the request of the |
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109 | 109 | | child's parent, in-home care for a child only if the person gives |
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110 | 110 | | written consent to the release and disclosure of the information; |
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111 | 111 | | (H) a child who is related to the caretaker, as |
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112 | 112 | | determined under Section 42.002, Human Resources Code, or any other |
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113 | 113 | | person who resides in, is present in, or has unsupervised access to |
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114 | 114 | | a child in the care of a facility or family home; |
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115 | 115 | | (I) a relative of a child in the care of the |
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116 | 116 | | Department of Family and Protective Services or the Health and |
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117 | 117 | | Human Services Commission, as applicable, to the extent necessary |
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118 | 118 | | to comply with Section 162.007, Family Code; |
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119 | 119 | | (J) a person providing or applying to provide |
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120 | 120 | | in-home, adoptive, or foster care for children to the extent |
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121 | 121 | | necessary to comply with Subchapter B, Chapter 162, Family Code; |
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122 | 122 | | (K) a person who volunteers to supervise |
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123 | 123 | | visitation under Subchapter B, Chapter 263, Family Code; |
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124 | 124 | | (L) an employee of or volunteer at, or an |
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125 | 125 | | applicant for employment with or to be a volunteer at, an entity |
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126 | 126 | | that provides supported [supervised] independent living services |
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127 | 127 | | to a young adult receiving extended foster care services from the |
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128 | 128 | | Department of Family and Protective Services or the Health and |
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129 | 129 | | Human Services Commission, as applicable; |
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130 | 130 | | (M) a person 14 years of age or older who will be |
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131 | 131 | | regularly or frequently working or staying in a host home that is |
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132 | 132 | | providing supported [supervised] independent living services to a |
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133 | 133 | | young adult receiving extended foster care services from the |
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134 | 134 | | Department of Family and Protective Services or the Health and |
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135 | 135 | | Human Services Commission, as applicable; |
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136 | 136 | | (N) a volunteer or applicant volunteer with a |
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137 | 137 | | local affiliate in this state of Big Brothers Big Sisters of |
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138 | 138 | | America; |
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139 | 139 | | (O) a volunteer or applicant volunteer with an |
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140 | 140 | | organization that provides court-appointed volunteer advocates for |
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141 | 141 | | abused or neglected children; or |
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142 | 142 | | (P) an employee, volunteer, or applicant |
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143 | 143 | | volunteer of a children's advocacy center under Subchapter E, |
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144 | 144 | | Chapter 264, Family Code, including a member of the governing board |
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145 | 145 | | of a center. |
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146 | 146 | | SECTION 5. Section 40.081(a), Human Resources Code, is |
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147 | 147 | | amended to read as follows: |
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148 | 148 | | (a) In furtherance of department duties under Section |
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149 | 149 | | 40.002(d), the department shall to the greatest extent possible |
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150 | 150 | | develop capacity for placement settings that are eligible for |
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151 | 151 | | federal financial participation under 42 U.S.C. Section 672, |
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152 | 152 | | including settings: |
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153 | 153 | | (1) specializing in providing prenatal, postpartum, |
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154 | 154 | | or parenting support for youth; |
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155 | 155 | | (2) providing high-quality residential care and |
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156 | 156 | | supportive services to children and youth who this state has |
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157 | 157 | | reasonable cause to believe are, or who are at risk of being, sex |
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158 | 158 | | trafficking victims in accordance with 42 U.S.C. Section |
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159 | 159 | | 671(a)(9)(C); |
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160 | 160 | | (3) providing supported [supervised] independent |
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161 | 161 | | living for young adults; |
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162 | 162 | | (4) offering residential family-based substance abuse |
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163 | 163 | | treatment as described by 42 U.S.C. Section 672(j); and |
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164 | 164 | | (5) serving as a qualified residential treatment |
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165 | 165 | | program. |
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166 | 166 | | SECTION 6. Not later than January 1, 2026, the Department of |
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167 | 167 | | Family and Protective Services shall change any informational |
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168 | 168 | | materials related to the supervised independent living program to |
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169 | 169 | | reflect the supported independent living program name. |
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170 | 170 | | SECTION 7. This Act takes effect September 1, 2025. |
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