1-1     By:  Maxey (Senate Sponsor - Gallegos)                H.B. No. 1921
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the continuation of adoption assistance after the 18th
 1-9     birthday of certain children.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter D, Chapter 162, Family Code, is amended
1-12     by adding Section 162.3041 to read as follows:
1-13           Sec. 162.3041.  CONTINUATION OF ASSISTANCE AFTER CHILD'S 18TH
1-14     BIRTHDAY. (a)  The department shall, in accordance with department
1-15     rules, offer adoption assistance after a child's 18th birthday to
1-16     the child's adoptive parents under an existing adoption assistance
1-17     agreement entered into under Section 162.304(a) until:
1-18                 (1)  the first day of the month of the child's 21st
1-19     birthday if the department determines, as provided by department
1-20     rules, that:
1-21                       (A)  the child has a mental or physical
1-22     disability that warrants the continuation of that assistance;
1-23                       (B)  the child, or the child's adoptive parent on
1-24     behalf of the child, has applied for federal benefits under the
1-25     supplemental security income program (42 U.S.C. Section 1381 et
1-26     seq.), as amended; and
1-27                       (C)  the child's adoptive parents are providing
1-28     the child's financial support; or
1-29                 (2)  if the child does not meet the requirements of
1-30     Subdivision (1), the earlier of:
1-31                       (A)  the date the child ceases to regularly
1-32     attend high school or a vocational or technical program;
1-33                       (B)  the date the child obtains a high school
1-34     diploma or high school equivalency certificate;
1-35                       (C)  the date the child's adoptive parents stop
1-36     providing financial support to the child; or
1-37                       (D)  the first day of the month of the child's
1-38     19th birthday.
1-39           (b)  In determining whether a child meets the requirements of
1-40     Subdivision (a)(1), the department may conduct an assessment of the
1-41     child's mental or physical disability or may contract for the
1-42     assessment to be conducted.
1-43           (c)  The department and any person with whom the department
1-44     contracts to conduct an assessment under Subsection (b) shall:
1-45                 (1)  inform the adoptive parents of the child for whom
1-46     the assessment is conducted of the application requirement under
1-47     Subsection (a)(1)(B) for federal benefits for the child under the
1-48     supplemental security income program (42 U.S.C. Section 1381 et
1-49     seq.), as amended;
1-50                 (2)  provide assistance to the adoptive parents and the
1-51     child in preparing an application for benefits under that program;
1-52     and
1-53                 (3)  provide ongoing consultation and guidance to the
1-54     adoptive parents and the child throughout the eligibility
1-55     determination process for benefits under that program.
1-56           (d)  If the legislature does not appropriate sufficient money
1-57     to provide adoption assistance to the adoptive parents of all
1-58     children described by Subsection (a), the department shall provide
1-59     adoption assistance only to the adoptive parents of children
1-60     described by Subsection (a)(1).
1-61           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-62           (b)  The change in law made by Section 162.3041, Family Code,
1-63     as added by this Act, applies to adoption assistance provided to
1-64     adoptive parents with whom the Department of Protective and
 2-1     Regulatory Services has entered into an adoption assistance
 2-2     agreement, regardless of whether the agreement was entered into
 2-3     before, on, or after the effective date of this Act.
 2-4                                  * * * * *