89R3093 MM-D
By: Menéndez S.B. No. 545
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of relative or other designated
caregivers by the Department of Family and Protective Services and
monetary assistance provided to certain relative or designated
caregivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 264.755(a) and (a-1), Family Code, are
amended to read as follows:
(a) Except as provided by Section 264.760(b), the [The]
department shall, subject to the availability of funds, enter into
a caregiver assistance agreement with each relative or other
designated caregiver to provide monetary assistance and additional
support services to the caregiver. The monetary assistance and
support services shall be based on a family's need, as determined by
Subsection (b) and rules adopted by the executive commissioner.
(a-1) When a relative or other designated caregiver enters
into a caregiver assistance agreement under Subsection (a), the
department shall inform the caregiver of:
(1) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; [and]
(2) the licensing procedures provided under Section
42.0539, Human Resources Code; and
(3) the permanency care assistance program under
Subchapter K.
SECTION 2. Section 264.760, Family Code, is amended to read
as follows:
Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
PERMANENCY CARE ASSISTANCE. (a) Notwithstanding any other
provision of this subchapter, a relative or other designated
caregiver [who becomes verified by a licensed child-placing agency
to operate an agency foster home under Chapter 42, Human Resources
Code,] may receive foster care payments in lieu of the benefits
provided by this subchapter if the caregiver:
(1) becomes verified by a licensed child-placing
agency to operate an agency foster home under Chapter 42, Human
Resources Code; or
(2) obtains a license under Section 42.0539, Human
Resources Code.
(b) The relative or other designated caregiver may receive
foster care payments under this section[,] beginning with the first
month in which the [relative or other designated] caregiver becomes
licensed or is verified.
SECTION 3. Section 264.852, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A kinship provider who receives foster care payments
as provided by Section 264.760 is not eligible for permanency care
assistance benefits under this subchapter.
SECTION 4. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0539 to read as follows:
Sec. 42.0539. LICENSE FOR RELATIVE AND DESIGNATED
CAREGIVERS. (a) The executive commissioner by rule shall adopt a
procedure to issue a license to a relative or other designated
caregiver, as defined by Section 264.751, Family Code, that allows
the caregiver to receive foster care payments under Section
264.760, Family Code.
(b) The procedure must require the caregiver to meet the
basic safety requirements provided by the executive commissioner
rule to ensure the safety of the child.
SECTION 5. This Act takes effect September 1, 2025.