By Maxey                                              H.B. No. 1921
         77R9891 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation of adoption assistance after the 18th
 1-3     birthday of certain children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 162, Family Code, is amended
 1-6     by adding Section 162.3041 to read as follows:
 1-7           Sec. 162.3041.  CONTINUATION OF ASSISTANCE AFTER CHILD'S 18TH
 1-8     BIRTHDAY. (a)  The department shall, in accordance with department
 1-9     rules, offer adoption assistance after a child's 18th birthday to
1-10     the child's adoptive parents under an existing adoption assistance
1-11     agreement entered into under Section 162.304(a) until:
1-12                 (1)  the first day of the month of the child's 21st
1-13     birthday if the department determines, as provided by department
1-14     rules, that:
1-15                       (A)  the child has a mental or physical
1-16     disability that warrants the continuation of that assistance;
1-17                       (B)  the child, or the child's adoptive parent on
1-18     behalf of the child, has applied for federal benefits under the
1-19     supplemental security income program (42 U.S.C. Section 1381 et
1-20     seq.), as amended; and
1-21                       (C)  the child's adoptive parents are providing
1-22     the child's financial support; or
1-23                 (2)  if the child does not meet the requirements of
1-24     Subdivision (1), the earlier of:
 2-1                       (A)  the date the child ceases to regularly
 2-2     attend high school or a vocational or technical program;
 2-3                       (B)  the date the child obtains a high school
 2-4     diploma or high school equivalency certificate;
 2-5                       (C)  the date the child's adoptive parents stop
 2-6     providing financial support to the child; or
 2-7                       (D)  the first day of the month of the child's
 2-8     19th birthday.
 2-9           (b)  In determining whether a child meets the requirements of
2-10     Subdivision (a)(1), the department may conduct an assessment of the
2-11     child's mental or physical disability or may contract for the
2-12     assessment to be conducted.
2-13           (c)  The department and any person with whom the department
2-14     contracts to conduct an assessment under Subsection (b) shall:
2-15                 (1)  inform the adoptive parents of the child for whom
2-16     the assessment is conducted of the application requirement under
2-17     Subsection (a)(1)(B) for federal benefits for the child under the
2-18     supplemental security income program (42 U.S.C. Section 1381 et
2-19     seq.), as amended;
2-20                 (2)  provide assistance to the adoptive parents and the
2-21     child in preparing an application for benefits under that program;
2-22     and
2-23                 (3)  provide ongoing consultation and guidance to the
2-24     adoptive parents and the child throughout the eligibility
2-25     determination process for benefits under that program.
2-26           (d)  If the legislature does not appropriate sufficient money
2-27     to provide adoption assistance to the adoptive parents of all
 3-1     children described by Subsection (a), the department shall provide
 3-2     adoption assistance only to the adoptive parents of children
 3-3     described by Subsection (a)(1).
 3-4           SECTION 2. (a)  This Act takes effect September 1, 2001.
 3-5           (b)  The change in law made by Section 162.3041, Family Code,
 3-6     as added by this Act, applies to adoption assistance provided to
 3-7     adoptive parents with whom the Department of Protective and
 3-8     Regulatory Services has entered into an adoption assistance
 3-9     agreement, regardless of whether the agreement was entered into
3-10     before, on, or after the effective date of this Act.