1 | 1 | | 89R14929 DNC-D |
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2 | 2 | | By: Hunter H.B. No. 3941 |
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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 services provided to foster youth transitioning to |
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10 | 10 | | independent living, including transitional living services and |
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11 | 11 | | Medicaid eligibility. |
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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 264.121(a), Family Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (a) The department shall address the unique challenges |
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16 | 16 | | facing foster children in the conservatorship of the department who |
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17 | 17 | | must transition to independent living by: |
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18 | 18 | | (1) expanding efforts to improve transition planning |
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19 | 19 | | and increasing the availability of transitional family group |
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20 | 20 | | decision-making to all youth age 14 or older in the department's |
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21 | 21 | | permanent managing conservatorship, including enrolling the youth |
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22 | 22 | | in the Preparation for Adult Living Program before the age of 16; |
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23 | 23 | | (2) coordinating with the commission to obtain |
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24 | 24 | | authority, to the extent allowed by federal law, the state Medicaid |
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25 | 25 | | plan, the Title IV-E state plan, and any waiver or amendment to |
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26 | 26 | | either plan, necessary to: |
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27 | 27 | | (A) extend foster care eligibility [and |
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28 | 28 | | transition services for youth] up to age 23 [21] and develop policy |
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29 | 29 | | to permit eligible youth to return to foster care as necessary to |
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30 | 30 | | achieve the goals of the Transitional Living Services Program; |
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31 | 31 | | [and] |
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32 | 32 | | (B) extend transition services for youth up to |
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33 | 33 | | age 23 and develop policy to permit eligible youth who have exited |
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34 | 34 | | foster care to continue to participate in the Transitional Living |
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35 | 35 | | Services Program as necessary to achieve the goals of the program; |
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36 | 36 | | and |
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37 | 37 | | (C) extend Medicaid coverage for foster care |
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38 | 38 | | youth and former foster care youth up to age 23 as authorized by |
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39 | 39 | | Section 32.02475, Human Resources Code, [21] with a single |
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40 | 40 | | application at the time the youth leaves foster care; |
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41 | 41 | | (3) entering into cooperative agreements with the |
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42 | 42 | | Texas Workforce Commission and local workforce development boards |
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43 | 43 | | to further the objectives of the Preparation for Adult Living |
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44 | 44 | | Program. The department, the Texas Workforce Commission, and the |
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45 | 45 | | local workforce development boards shall ensure that services are |
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46 | 46 | | prioritized and targeted to meet the needs of foster care and former |
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47 | 47 | | foster care children and that such services will include, where |
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48 | 48 | | feasible, referrals for short-term stays for youth needing housing; |
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49 | 49 | | (4) addressing barriers to participation in the |
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50 | 50 | | Preparation for Adult Living Program for a youth who has a |
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51 | 51 | | disability by making appropriate accommodations that allow the |
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52 | 52 | | youth to meaningfully participate in the program; and |
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53 | 53 | | (5) documenting in the youth's case file any |
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54 | 54 | | accommodations made under Subdivision (4). |
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55 | 55 | | SECTION 2. Section 264.121(b)(3), Family Code, is amended |
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56 | 56 | | to read as follows: |
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57 | 57 | | (3) "Transitional Living Services Program" means a |
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58 | 58 | | program, administered by the department in accordance with |
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59 | 59 | | department rules and state and federal law, for youth who are age 14 |
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60 | 60 | | or older but not more than 23 [21] years of age and are currently or |
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61 | 61 | | were formerly in foster care, that assists youth in transitioning |
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62 | 62 | | from foster care to independent living. The program provides |
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63 | 63 | | transitional living services, Preparation for Adult Living Program |
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64 | 64 | | services, and Education and Training Voucher Program services. |
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65 | 65 | | SECTION 3. Section 264.121(c), Family Code, is amended to |
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66 | 66 | | read as follows: |
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67 | 67 | | (c) At the time a child enters the Preparation for Adult |
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68 | 68 | | Living Program, the department shall provide an information booklet |
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69 | 69 | | to the child and the foster parent describing the program and the |
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70 | 70 | | benefits available to the child, including extended Medicaid |
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71 | 71 | | coverage until age 23 [21], priority status with the Texas |
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72 | 72 | | Workforce Commission, and the exemption from the payment of tuition |
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73 | 73 | | and fees at institutions of higher education as defined by Section |
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74 | 74 | | 61.003, Education Code. The information booklet provided to the |
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75 | 75 | | child and the foster parent shall be provided in the primary |
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76 | 76 | | language spoken by that individual. |
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77 | 77 | | SECTION 4. Section 264.121(f), Family Code, is amended to |
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78 | 78 | | read as follows: |
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79 | 79 | | (f) The department shall require a person with whom the |
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80 | 80 | | department contracts for transitional living services for foster |
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81 | 81 | | youth to provide or assist youth in obtaining: |
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82 | 82 | | (1) housing services; |
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83 | 83 | | (2) job training and employment services; |
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84 | 84 | | (3) college preparation services; |
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85 | 85 | | (4) services that will assist youth in obtaining a |
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86 | 86 | | general education development certificate; |
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87 | 87 | | (5) services that will assist youth in developing |
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88 | 88 | | skills in food preparation; |
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89 | 89 | | (6) nutrition education that promotes healthy food |
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90 | 90 | | choices; |
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91 | 91 | | (7) a savings or checking account if the youth is at |
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92 | 92 | | least 18 years of age and has a source of income; |
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93 | 93 | | (8) mental health services; |
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94 | 94 | | (9) financial literacy education and civic engagement |
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95 | 95 | | lessons required under Subsection (a-2); [and] |
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96 | 96 | | (10) for youth who are regularly attending an |
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97 | 97 | | institution of higher education or a postsecondary vocational or |
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98 | 98 | | technical program, financial support for on-campus or off-campus |
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99 | 99 | | housing and utilities; and |
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100 | 100 | | (11) any other appropriate transitional living |
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101 | 101 | | service identified by the department. |
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102 | 102 | | SECTION 5. Subchapter B, Chapter 32, Human Resources Code, |
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103 | 103 | | is amended by adding Section 32.02475 to read as follows: |
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104 | 104 | | Sec. 32.02475. MEDICAL ASSISTANCE FOR CERTAIN FORMER FOSTER |
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105 | 105 | | CARE YOUTH. (a) Notwithstanding Sections 32.0247 and 32.02471, |
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106 | 106 | | the commission shall provide medical assistance to a former foster |
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107 | 107 | | care youth regardless of the youth's income, assets, or resources |
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108 | 108 | | if the youth: |
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109 | 109 | | (1) is younger than 26 years of age; |
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110 | 110 | | (2) was in the conservatorship of the Department of |
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111 | 111 | | Family and Protective Services; and |
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112 | 112 | | (3) meets eligibility criteria established under |
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113 | 113 | | federal and state law. |
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114 | 114 | | (b) The executive commissioner shall adopt rules necessary |
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115 | 115 | | to implement this section. |
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116 | 116 | | SECTION 6. If before implementing Section 32.02475, Human |
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117 | 117 | | Resources Code, as added by this Act, a state agency determines that |
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118 | 118 | | any other waiver or authorization from a federal agency is |
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119 | 119 | | necessary for implementation of that provision, the agency affected |
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120 | 120 | | by the provision shall request the waiver or authorization and may |
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121 | 121 | | delay implementing that provision until the waiver or authorization |
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122 | 122 | | is granted. |
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123 | 123 | | SECTION 7. This Act takes effect September 1, 2025. |
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