1-1  By:  Moncrief                                          S.B. No. 161
    1-2        (In the Senate - Filed January 3, 1995; January 17, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 29, 1995, reported favorably by the following vote:
    1-5  Yeas 8, Nays 0; March 29, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to adoption services.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Chapter 47, Human Resources Code, is amended to
   1-11  read as follows:
   1-12          CHAPTER 47.  ADOPTION SERVICES BY THE DEPARTMENT OF
   1-13                  PROTECTIVE AND REGULATORY SERVICES
   1-14         <SUBCHAPTER A.  SERVICES FOR HARD-TO-PLACE CHILDREN>
   1-15  Section
   1-16  47.001.  Definitions <Definition>.
   1-17  47.002.  Adoption Assistance <Services> Program.
   1-18  47.003.  Dissemination of Information.
   1-19  47.004.  Financial and Medical Assistance.
   1-20  47.005.  Funds.
   1-21                <SUBCHAPTER B.  POSTADOPTION SERVICES>
   1-22  47.006 <47.031>.  Provision of Postadoption Services.
   1-23  <47.032.  Postadoption Services Advisory Committee.>
   1-24                <SUBCHAPTER C.  PLACEMENT OF CHILDREN>
   1-25  47.007 <47.041>.  Race or Ethnicity.
   1-26         <SUBCHAPTER A.  SERVICES FOR HARD TO PLACE CHILDREN>
   1-27        Sec. 47.001.  DEFINITIONS <DEFINITION>.  In this chapter:
   1-28              (1)  "Child"<, "hard-to-place child"> means a child who
   1-29  cannot be placed for adoption with appropriate adoptive parents
   1-30  without the provision of adoption assistance due to specific
   1-31  factors including ethnic background, age, or membership in a
   1-32  minority or sibling group, the presence of a medical condition, or
   1-33  a physical, mental, or emotional disability <is:>
   1-34              <(1)  three years of age or older; or who is>
   1-35              <(2)  difficult to place in an adoptive home because of
   1-36  age, race, color, ethnic background, language, or physical, mental,
   1-37  or emotional handicap; or>
   1-38              <(3)  a member of a sibling group that should be placed
   1-39  in the same home>.
   1-40              (2)  "Department" means the Department of Protective
   1-41  and Regulatory Services.
   1-42              (3)  "Adoption assistance agreement" means a written
   1-43  agreement, binding on the parties to the agreement, between the
   1-44  department and the prospective adoptive parents which specifies the
   1-45  nature and amount of any payment, services, and assistance to be
   1-46  provided under such agreement and stipulates that the agreement
   1-47  shall remain in effect regardless of the state of which the
   1-48  adoptive parents are residents at any given time.
   1-49        Sec. 47.002.  ADOPTION ASSISTANCE <SERVICES> PROGRAM.
   1-50  (a)  The department shall administer a program designed to promote
   1-51  the adoption of <hard-to-place> children by providing information
   1-52  to prospective adoptive parents concerning the availability and
   1-53  needs of the <relinquished> children, assisting the parents in
   1-54  completing the adoption process, and providing adoption <financial>
   1-55  assistance necessary for the parents to adopt the children.  The
   1-56  legislature intends that the program benefit <hard-to-place>
   1-57  children residing in foster homes at state or county expense by
   1-58  providing them with the stability and security of permanent homes
   1-59  and that the costs paid by the state and counties for foster home
   1-60  care for the children be reduced.
   1-61        (b)  The program shall be carried out by licensed
   1-62  child-placing <adoption> agencies or county child-care or welfare
   1-63  units pursuant to rules adopted by the department.
   1-64        (c)  The department shall keep records necessary to evaluate
   1-65  the program's effectiveness in encouraging and promoting the
   1-66  adoption of <hard-to-place> children.
   1-67        Sec. 47.003.  DISSEMINATION OF INFORMATION.  The department,
   1-68  county child-care or welfare units, and licensed child-placing
    2-1  <adoption> agencies shall disseminate information to prospective
    2-2  adoptive parents concerning the availability and needs of children
    2-3  for adoption <of hard-to-place children> and the existence of
    2-4  adoption <financial> assistance for parents who adopt them.
    2-5  Special effort shall be made to disseminate the information to
    2-6  families that have lower income levels or that belong to
    2-7  disadvantaged groups.
    2-8        Sec. 47.004.  FINANCIAL AND MEDICAL ASSISTANCE.  (a)  The
    2-9  department shall enter into adoption assistance agreements with the
   2-10  adoptive parents of a child as authorized under Part E of Title IV
   2-11  of the Social Security Act (42 U.S.C. Section 673) <Adoption fees
   2-12  for a hard-to-place child may be waived>.
   2-13        (b)  The adoption of a <hard-to-place> child may be
   2-14  subsidized by the department <an amount not exceeding the amount
   2-15  that would be paid for foster home care for the child if not
   2-16  adopted>.  The need for and the amount of the subsidy shall be
   2-17  determined by the department under its rules.
   2-18        (c)  In addition to the subsidy prescribed by Subsection (b)
   2-19  of this section, the department may subsidize the cost of medical
   2-20  care for a <hard-to-place> child.  The department shall determine
   2-21  the amount and need for the subsidy.
   2-22        (d)  The county may pay a subsidy under Subsection (b) or (c)
   2-23  of this section if the county is responsible for the child's foster
   2-24  <home> care at the time of the child's adoptive placement
   2-25  <adoption>.  <The state shall pay the subsidy if at the time of the
   2-26  adoption the child is receiving aid under the department's aid to
   2-27  families with dependent children program, and the state may pay the
   2-28  subsidy if the department is managing conservator for the child.>
   2-29  If the child is receiving supplemental security income from the
   2-30  federal government, the state may pay the subsidy regardless of
   2-31  whether the state is the managing conservator for the child.
   2-32        Sec. 47.005.  FUNDS.  <(a)>  The department and other state
   2-33  agencies shall actively seek and use federal funds available for
   2-34  the purposes of this chapter.
   2-35        <(b)  Gifts or grants from private sources for the purposes
   2-36  of this chapter shall be used to support the program.>
   2-37                <SUBCHAPTER B.  POSTADOPTION SERVICES>
   2-38        Sec. 47.006 <47.031>.  PROVISION OF POSTADOPTION SERVICES.
   2-39  The department may provide services after adoption to adoptees and
   2-40  adoptive families to whom the department provided services before
   2-41  adoption.  The department may provide the services directly or
   2-42  through contract.  The services may include financial assistance,
   2-43  respite care, placement services, parenting programs, support
   2-44  groups, counseling services, crisis intervention, and medical aid.
   2-45        <Sec. 47.032.  POSTADOPTION SERVICES ADVISORY COMMITTEE.
   2-46  (a)  The Postadoption Services Advisory Committee is established.>
   2-47        <(b)  The committee is composed of:>
   2-48              <(1)  a representative of the department appointed by
   2-49  the commissioner;>
   2-50              <(2)  a representative of the Texas Department of
   2-51  Mental Health and Mental Retardation appointed by the commissioner
   2-52  of mental health and mental retardation;>
   2-53              <(3)  an adoptive parent appointed by the lieutenant
   2-54  governor;>
   2-55              <(4)  an adoptive parent appointed by the speaker of
   2-56  the house;>
   2-57              <(5)  a psychologist or psychiatrist licensed to
   2-58  practice in this state who specializes in treating adopted children
   2-59  appointed by the lieutenant governor; and>
   2-60              <(6)  a representative of a private adoption agency
   2-61  appointed by the speaker of the house.>
   2-62        <(c)  The commissioner shall set the time and place of the
   2-63  first meeting.>
   2-64        <(d)  Committee members serve two-year terms and may be
   2-65  reappointed for subsequent terms.>
   2-66        <(e)  The committee shall annually elect one member to serve
   2-67  as chairman.>
   2-68        <(f)  The committee shall meet at least quarterly.  Any
   2-69  actions taken by the committee must be approved by a majority vote
   2-70  of the members present.>
    3-1        <(g)  Members of the committee receive no compensation but
    3-2  are entitled to reimbursement for actual and necessary expenses
    3-3  incurred in performing their duties under this section.>
    3-4        <(h)  The department shall pay the expenses of the committee
    3-5  and shall supply necessary personnel and supplies.>
    3-6        <(i)  The committee shall:>
    3-7              <(1)  monitor the postadoption services provided by the
    3-8  department and the contracts issued for those services;>
    3-9              <(2)  study the costs and benefits provided by the
   3-10  postadoption services;>
   3-11              <(3)  review the issues concerning adoptees and
   3-12  adoptive families and develop appropriate policy recommendations
   3-13  for the state; and>
   3-14              <(4)  submit a biennial report to the legislature not
   3-15  later than February 1 of each odd-numbered year that includes the
   3-16  results of the costs and benefits study, the policy recommendations
   3-17  for the state, and committee recommendations to improve
   3-18  postadoption services provided by the department.>
   3-19                <SUBCHAPTER C.  PLACEMENT OF CHILDREN>
   3-20        Sec. 47.007 <47.041>.  RACE OR ETHNICITY.  The department, a
   3-21  county child-care or welfare unit, or a licensed child-placing
   3-22  <adoption> agency may not deny or delay placement of a child for
   3-23  adoption or otherwise discriminate on the basis of the race or
   3-24  ethnicity of the child or prospective adoptive parents.
   3-25        SECTION 2.  The Postadoption Services Advisory Committee
   3-26  established by Section 47.032, Human Resources Code, is abolished.
   3-27        SECTION 3.  The importance of this legislation and the
   3-28  crowded condition of the calendars in both houses create an
   3-29  emergency and an imperative public necessity that the
   3-30  constitutional rule requiring bills to be read on three several
   3-31  days in each house be suspended, and this rule is hereby suspended,
   3-32  and that this Act take effect and be in force from and after its
   3-33  passage, and it is so enacted.
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