Texas 2025 - 89th Regular

Texas House Bill HB741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3640 MM-D
2	2	By: Gervin-Hawkins H.B. No. 741
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for the removal of certain children in
10	10	the managing conservatorship of the Department of Family and
11	11	Protective Services and monetary assistance provided by the
12	12	Department of Family and Protective Services to certain relative or
13	13	designated caregivers.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter B, Chapter 262, Family Code, is
16	16	amended by adding Section 262.117 to read as follows:
17	17	Sec. 262.117. LIMITS ON REMOVAL FROM RELATIVE CAREGIVER.
18	18	(a) Except as provided by Subsection (b), the Department of Family
19	19	and Protective Services may not take possession of a child under
20	20	this subchapter who has been placed with a relative caregiver under
21	21	Subchapter I, Chapter 264, whose relationship with the child is
22	22	within the fourth degree by consanguinity before the department
23	23	has, to the extent applicable:
24	24	(1) conducted an investigation;
25	25	(2) provided parental services and resources to the
26	26	caregiver; or
27	27	(3) provided warnings or reminders of appropriate
28	28	policy to the caregiver.
29	29	(b) Notwithstanding Subsection (a), the Department of
30	30	Family and Protective Services may take possession of a child as
31	31	authorized by Section 262.102 or 262.104 in the manner prescribed
32	32	by those sections.
33	33	SECTION 2. Section 264.752(c), Family Code, is amended to
34	34	read as follows:
35	35	(c) The executive commissioner shall adopt rules necessary
36	36	to implement this subchapter. [The rules must include eligibility
37	37	criteria for receiving assistance and services under this
38	38	subchapter.]
39	39	SECTION 3. Section 264.755, Family Code, as amended by
40	40	Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular
41	41	Session, 2017, is amended by reenacting and amending Subsections
42	42	(a), (b), (b-1), (c), and (f) to read as follows:
43	43	(a) The department shall, subject to the availability of
44	44	funds, enter into a caregiver assistance agreement with each
45	45	relative or other designated caregiver to provide monetary
46	46	assistance and additional support services to the caregiver. [The
47	47	monetary assistance and support services shall be based on a
48	48	family's need, as determined by Subsection (b) and rules adopted by
49	49	the executive commissioner.]
50	50	(b) The department shall provide monetary assistance under
51	51	this section to each relative or other designated [a] caregiver
52	52	[who has a family income that is less than or equal to 300 percent of
53	53	the federal poverty level]. Monetary assistance provided to a
54	54	caregiver under this section must be equal to [may not exceed 50
55	55	percent of] the department's minimum daily [basic] foster care
56	56	reimbursement rate for the child. [A caregiver who has a family
57	57	income greater than 300 percent of the federal poverty level is not
58	58	eligible for monetary assistance under this section.]
59	59	(b-1) The department shall disburse monetary assistance
60	60	provided to a caregiver under Subsection (b) in the same manner as
61	61	the department disburses payments to a foster parent. [The
62	62	department may not provide monetary assistance to an eligible
63	63	caregiver under Subsection (b) after the first anniversary of the
64	64	date the caregiver receives the first monetary assistance payment
65	65	from the department under this section. The department, at its
66	66	discretion and for good cause, may extend the monetary assistance
67	67	payments for an additional six months.]
68	68	(c) Monetary assistance and additional support services
69	69	provided under this section may include:
70	70	(1) case management services and training and
71	71	information about the child's needs until the caregiver is
72	72	appointed permanent managing conservator;
73	73	(2) referrals to appropriate state agencies
74	74	administering public benefits or assistance programs for which the
75	75	child, the caregiver, or the caregiver's family may qualify;
76	76	(3) family counseling not provided under the Medicaid
77	77	program for the caregiver's family for a period not to exceed two
78	78	years from the date of initial placement;
79	79	(4) [if the caregiver meets the eligibility criteria
80	80	determined by rules adopted by the executive commissioner,]
81	81	reimbursement of all child-care expenses incurred while the child
82	82	is under 13 years of age, or under 18 years of age if the child has a
83	83	developmental disability, and while the department is the child's
84	84	managing conservator; and
85	85	(5) [if the caregiver meets the eligibility criteria
86	86	determined by rules adopted by the executive commissioner,]
87	87	reimbursement of 50 percent of child-care expenses incurred after
88	88	the caregiver is appointed permanent managing conservator of the
89	89	child while the child is under 13 years of age, or under 18 years of
90	90	age if the child has a developmental disability.
91	91	(f) If a person [who has a family income that is less than or
92	92	equal to 300 percent of the federal poverty level] enters into a
93	93	caregiver assistance agreement with the department, obtains
94	94	permanent managing conservatorship of a child, and meets all other
95	95	eligibility requirements, the person may receive an annual
96	96	reimbursement of other expenses for the child, as determined by
97	97	rules adopted by the executive commissioner, not to exceed $500 per
98	98	year until the earlier of:
99	99	(1) the third anniversary of the date the person was
100	100	awarded permanent managing conservatorship of the child; or
101	101	(2) the child's 18th birthday.
102	102	SECTION 4. Section 264.755(b-2), Family Code, is repealed.
103	103	SECTION 5. Section 264.755, Family Code, as amended by this
104	104	Act, applies to a caregiver assistance agreement entered into
105	105	before, on, or after the effective date of this Act.
106	106	SECTION 6. This Act takes effect September 1, 2025.