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 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. The Department of Protective and Regulatory
3-5 Services is required to implement this Act only if the legislature
3-6 appropriates money specifically for that purpose. If the
3-7 legislature does not appropriate money specifically for that
3-8 purpose, the department may, but is not required to, implement this
3-9 Act using other appropriations available for the purpose.
3-10 SECTION 3. (a) This Act takes effect September 1, 2001.
3-11 (b) The change in law made by Section 162.3041, Family Code,
3-12 as added by this Act, applies to adoption assistance provided to
3-13 adoptive parents with whom the Department of Protective and
3-14 Regulatory Services has entered into an adoption assistance
3-15 agreement, regardless of whether the agreement was entered into
3-16 before, on, or after the effective date of this Act.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1921 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1921 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1921 was passed by the Senate, with
amendments, on May 23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor