| 1 | 1 | | 89R3093 MM-D |
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| 2 | 2 | | By: Menéndez S.B. No. 545 |
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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 the licensing of relative or other designated |
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| 10 | 10 | | caregivers by the Department of Family and Protective Services and |
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| 11 | 11 | | monetary assistance provided to certain relative or designated |
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| 12 | 12 | | caregivers. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Sections 264.755(a) and (a-1), Family Code, are |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) Except as provided by Section 264.760(b), the [The] |
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| 17 | 17 | | department shall, subject to the availability of funds, enter into |
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| 18 | 18 | | a caregiver assistance agreement with each relative or other |
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| 19 | 19 | | designated caregiver to provide monetary assistance and additional |
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| 20 | 20 | | support services to the caregiver. The monetary assistance and |
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| 21 | 21 | | support services shall be based on a family's need, as determined by |
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| 22 | 22 | | Subsection (b) and rules adopted by the executive commissioner. |
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| 23 | 23 | | (a-1) When a relative or other designated caregiver enters |
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| 24 | 24 | | into a caregiver assistance agreement under Subsection (a), the |
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| 25 | 25 | | department shall inform the caregiver of: |
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| 26 | 26 | | (1) the option to become verified by a licensed |
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| 27 | 27 | | child-placing agency to operate an agency foster home, if |
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| 28 | 28 | | applicable; [and] |
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| 29 | 29 | | (2) the licensing procedures provided under Section |
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| 30 | 30 | | 42.0539, Human Resources Code; and |
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| 31 | 31 | | (3) the permanency care assistance program under |
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| 32 | 32 | | Subchapter K. |
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| 33 | 33 | | SECTION 2. Section 264.760, Family Code, is amended to read |
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| 34 | 34 | | as follows: |
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| 35 | 35 | | Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND |
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| 36 | 36 | | PERMANENCY CARE ASSISTANCE. (a) Notwithstanding any other |
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| 37 | 37 | | provision of this subchapter, a relative or other designated |
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| 38 | 38 | | caregiver [who becomes verified by a licensed child-placing agency |
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| 39 | 39 | | to operate an agency foster home under Chapter 42, Human Resources |
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| 40 | 40 | | Code,] may receive foster care payments in lieu of the benefits |
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| 41 | 41 | | provided by this subchapter if the caregiver: |
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| 42 | 42 | | (1) becomes verified by a licensed child-placing |
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| 43 | 43 | | agency to operate an agency foster home under Chapter 42, Human |
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| 44 | 44 | | Resources Code; or |
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| 45 | 45 | | (2) obtains a license under Section 42.0539, Human |
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| 46 | 46 | | Resources Code. |
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| 47 | 47 | | (b) The relative or other designated caregiver may receive |
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| 48 | 48 | | foster care payments under this section[,] beginning with the first |
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| 49 | 49 | | month in which the [relative or other designated] caregiver becomes |
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| 50 | 50 | | licensed or is verified. |
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| 51 | 51 | | SECTION 3. Section 264.852, Family Code, is amended by |
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| 52 | 52 | | adding Subsection (a-1) to read as follows: |
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| 53 | 53 | | (a-1) A kinship provider who receives foster care payments |
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| 54 | 54 | | as provided by Section 264.760 is not eligible for permanency care |
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| 55 | 55 | | assistance benefits under this subchapter. |
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| 56 | 56 | | SECTION 4. Subchapter C, Chapter 42, Human Resources Code, |
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| 57 | 57 | | is amended by adding Section 42.0539 to read as follows: |
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| 58 | 58 | | Sec. 42.0539. LICENSE FOR RELATIVE AND DESIGNATED |
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| 59 | 59 | | CAREGIVERS. (a) The executive commissioner by rule shall adopt a |
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| 60 | 60 | | procedure to issue a license to a relative or other designated |
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| 61 | 61 | | caregiver, as defined by Section 264.751, Family Code, that allows |
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| 62 | 62 | | the caregiver to receive foster care payments under Section |
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| 63 | 63 | | 264.760, Family Code. |
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| 64 | 64 | | (b) The procedure must require the caregiver to meet the |
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| 65 | 65 | | basic safety requirements provided by the executive commissioner |
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| 66 | 66 | | rule to ensure the safety of the child. |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2025. |
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