S.B. No. 161
                                        AN ACT
    1-1  relating to adoption services.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 162.301, Family Code, as added by H.B.
    1-4  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-5  amended to read as follows:
    1-6        Sec. 162.301.  DEFINITIONS.  In this subchapter:
    1-7              (1)  "Adoption assistance agreement" means a written
    1-8  agreement, binding on the parties to the agreement, between the
    1-9  department  and the prospective adoptive parents that specifies the
   1-10  nature and amount of any payment, services, or assistance to be
   1-11  provided under the agreement and stipulates that the agreement will
   1-12  remain in effect without regard to the state in which the
   1-13  prospective adoptive parents reside at any particular time.
   1-14              (2)  "Child" means a child who cannot be placed for
   1-15  adoption with appropriate adoptive parents without the provision of
   1-16  adoption assistance because of factors including ethnic background,
   1-17  age, membership in a minority or sibling group, the presence of a
   1-18  medical condition, or a physical, mental, or emotional disability.
   1-19              (3)  "Department" means the Department of Protective
   1-20  and Regulatory Services.
   1-21              <(2)  "Hard-to-place child" means a child who is:>
   1-22                    <(A)  three years of age or older;>
   1-23                    <(B)  difficult to place in an adoptive home
    2-1  because of the child's age, race, color, ethnic background,
    2-2  language, or physical, mental, or emotional disability; or>
    2-3                    <(C)  a member of a sibling group that should be
    2-4  placed in the same home.>
    2-5        SECTION 2.  Section 162.302, Family Code, as added by H.B.
    2-6  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    2-7  amended to read as follows:
    2-8        Sec. 162.302.  ADOPTION ASSISTANCE <SERVICES> PROGRAM.  (a)
    2-9  The department shall administer a program designed to promote the
   2-10  adoption of <hard-to-place> children by providing information to
   2-11  prospective adoptive parents concerning the availability and needs
   2-12  of the <relinquished> children, assisting the parents in completing
   2-13  the adoption process, and providing adoption <financial> assistance
   2-14  necessary for the parents to adopt the children.
   2-15        (b)  The legislature intends that the program benefit
   2-16  <hard-to-place> children residing in foster homes at state or
   2-17  county expense by providing them with the stability and security of
   2-18  permanent homes and that the costs paid by the state and counties
   2-19  for foster home care for the children be reduced.
   2-20        (c)  The program shall be carried out by licensed
   2-21  child-placing agencies or county child-care or welfare units under
   2-22  rules adopted by the department.
   2-23        (d)  The department shall keep records necessary to evaluate
   2-24  the program's effectiveness in encouraging and promoting the
   2-25  adoption of <hard-to-place> children.
    3-1        SECTION 3.  Section 162.303, Family Code, as added by H.B.
    3-2  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    3-3  amended to read as follows:
    3-4        Sec. 162.303.  DISSEMINATION OF INFORMATION.  The department,
    3-5  county child-care or welfare units, and licensed child-placing
    3-6  agencies shall disseminate information to prospective adoptive
    3-7  parents concerning the availability and needs of children for
    3-8  adoption <of hard-to-place children> and the existence of adoption
    3-9  <financial> assistance for parents who adopt them.  Special effort
   3-10  shall be made to disseminate the information to families that have
   3-11  lower income levels or that belong to disadvantaged groups.
   3-12        SECTION 4.  Section 162.304, Family Code, as added by H.B.
   3-13  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-14  amended to read as follows:
   3-15        Sec. 162.304.  FINANCIAL AND MEDICAL ASSISTANCE.  (a)  The
   3-16  department shall enter into adoption assistance agreements with the
   3-17  adoptive parents of a child as authorized by Part E of Title IV of
   3-18  the federal Social Security Act, as amended (42 U.S.C. Section 673)
   3-19  <Adoption fees for a hard-to-place child may be waived>.
   3-20        (b)  The adoption of a <hard-to-place> child may be
   3-21  subsidized by the department <an amount not exceeding the amount
   3-22  that would be paid for foster home care for the child if the child
   3-23  was not adopted>.  The need for and amount of the subsidy shall be
   3-24  determined by the department under its rules.
   3-25        (c)  In addition to the subsidy under Subsection (b), the
    4-1  department may subsidize the cost of medical care for a
    4-2  <hard-to-place> child.  The department shall determine the amount
    4-3  and need for the subsidy.
    4-4        (d)  The county may pay a subsidy under Subsection (b) or (c)
    4-5  if the county is responsible for the child's foster <home> care at
    4-6  the time of the child's adoptive placement <adoption>.
    4-7        (e)  <The state shall pay the subsidy if at the time of the
    4-8  adoption the child is receiving aid under the Texas Department of
    4-9  Human Services' aid to families with dependent children program.
   4-10  The state may pay the subsidy if the department is managing
   4-11  conservator for the child.>  If the child is receiving supplemental
   4-12  security income from the federal government, the state may pay the
   4-13  subsidy regardless of whether the state is the managing conservator
   4-14  for the child.
   4-15        SECTION 5.  Section 162.305, Family Code, as added by H.B.
   4-16  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   4-17  amended to read as follows:
   4-18        Sec. 162.305.  FUNDS.  <(a)>  The department and other state
   4-19  agencies shall actively seek and use federal funds available for
   4-20  the purposes of this subchapter.
   4-21        <(b)  Gifts or grants from private sources for the purposes
   4-22  of this subchapter shall be used to support the program.>
   4-23        SECTION 6.  Subsection (c), Section 162.306, Family Code, as
   4-24  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   4-25  Session, 1995, is amended to read as follows:
    5-1        (c)  The services may include financial assistance, respite
    5-2  care, placement services, parenting programs, support groups,
    5-3  counseling services, crisis intervention, and medical aid.
    5-4        SECTION 7.  Section 162.307, Family Code, as added by H.B.
    5-5  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    5-6  repealed, and the postadoption services advisory committee
    5-7  established under that section is abolished on the effective date
    5-8  of this Act.
    5-9        SECTION 8.  The importance of this legislation and the
   5-10  crowded condition of the calendars in both houses create an
   5-11  emergency and an imperative public necessity that the
   5-12  constitutional rule requiring bills to be read on three several
   5-13  days in each house be suspended, and this rule is hereby suspended,
   5-14  and that this Act take effect and be in force from and after its
   5-15  passage, and it is so enacted.