By Puente H.B. No. 864
76R4166 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to foster care payments for certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 264.101, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may
1-7 pay the cost of foster care for a child:
1-8 (1) for whom the department has initiated a suit and
1-9 has been named managing conservator under an order rendered under
1-10 this title, who is a resident of the state, and who has been placed
1-11 by the department in a foster home or child-care institution, as
1-12 defined by Chapter 42, Human Resources Code; or
1-13 (2) who is under the placement and care of a state
1-14 agency or political subdivision with which the department has
1-15 entered into an agreement to reimburse the cost of care and
1-16 supervision of the child.
1-17 (b) The department shall continue to pay the cost of foster
1-18 care for a child for whom the department provides care, including
1-19 medical care, after the child becomes 18 years of age if the child
1-20 is enrolled in an accredited secondary school in a program leading
1-21 toward a high school diploma.
1-22 (c) The department may not pay the cost of protective foster
1-23 care for a child for whom the department has been named managing
1-24 conservator under an order rendered solely under Section
2-1 161.001(1)(J).
2-2 (d) [(c)] The payment of foster care, including medical
2-3 care, for a child as authorized under this subchapter shall be made
2-4 without regard to the child's eligibility for federally funded
2-5 care.
2-6 (e) [(d)] The Board of Protective and Regulatory Services
2-7 may adopt rules that establish criteria and guidelines for the
2-8 payment of foster care, including medical care, for a child and for
2-9 providing care for a child after the child becomes 18 years of age
2-10 if the child is regularly attending [high school,] an institution
2-11 of higher education[,] or a vocational or technical program.
2-12 (f) [(e)] The department may accept and spend funds
2-13 available from any source to pay for foster care, including medical
2-14 care, for a child in the department's care.
2-15 (g) [(f)] In this section, "child" means a person who:
2-16 (1) is under 22 years of age and for whom the
2-17 department has been appointed managing conservator of the child
2-18 before the date the child became 18 years of age; or
2-19 (2) is the responsibility of an agency with which the
2-20 department has entered into an agreement to provide care and
2-21 supervision of the child.
2-22 SECTION 2. Section 264.105, Family Code, is amended to read
2-23 as follows:
2-24 Sec. 264.105. MEDICAL SERVICES PAYMENTS. The department
2-25 shall attempt to maximize the use of federal funding to provide
2-26 medical care payments authorized by Section 264.101(d) [264.101(c)]
2-27 for children for whom the department has been named managing
3-1 conservator.
3-2 SECTION 3. The change in law made by this Act applies only
3-3 to a child who is in foster care on or after the effective date of
3-4 this Act.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.