HBA-SEB H.B. 697 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 697
By: Wilson
Juvenile Justice and Family Issues
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not require the Department of Protective and Regulatory
Services (department) to make an effort to place a child in foster care
with a relative, nor does it provide for a foster parent to receive foster
care payments if the foster parent is the child's relative.  H.B. 697
requires the department to make a reasonable effort to place a child in a
foster home with a relative, to develop an accelerated, less stringent
process to certify the home of a child's relative as a foster home, and to
provide the foster parent with immediate foster care payments to alleviate
the cost of caring for the child. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Protective and
Regulatory Services in SECTION 1 (Section 264.1085, Family Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 264, Family Code, by adding
Section 264.1085, as follows: 

Sec. 264.1085.  SUBSTITUTE CARE WITH RELATIVE.  Requires the Department of
Protective and Regulatory Services (department) to make a reasonable effort
to ensure that a child is placed in foster care with a relative whenever
possible.  Requires the department to develop an accelerated process to
certify as a foster home the home of the relative who is providing the
foster care.  Prohibits the certification process from being as stringent
as that of other foster homes.  Requires the department, by rule, to
provide for immediate foster care payments under this subchapter (Foster
Care) for a relative who is providing foster care for a child.  Authorizes
the department, by rule, to provide for a waiver of the foster home
certification requirements when a child is placed in foster care with a
relative. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.