S.B. 58 78(R)    BILL ANALYSIS
         S.B. 58
By: Zaffirini
Human Services
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Currently, 50 percent of Texas' foster care children are placed with a
relative; however, the state provides no services and benefits to the
relative family. Senate Bill 58 requires the Texas Department of
Protective and Regulatory Services to implement a relative caregiver
placement program that provides financial support and case management to
family members who take a foster child into their home for care. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Protective
and Regulatory Services in SECTION 1 (Section 264.802, Family Code) of
this bill. 

ANALYSIS

SECTION 1. Amends Chapter 264, Family Code, by adding Subchapter J, as
follows: SUBCHAPTER J. RELATIVE CAREGIVER PLACEMENT PROGRAM Sec. 264.801.
DEFINITIONS. Defines "relative" and "relative caregiver."  
Sec. 264.802. RELATIVE CAREGIVER PLACEMENT PROGRAM. (a) Requires the
Department of Protective and Regulatory Services (DPRS) to develop and,
subject to available funds, administer a program to promote placing
children for whom DPRS is appointed managing conservator with relative
caregivers and to facilitate relative caregiver placements by providing
assistance and services to those caregivers in accordance with this
subchapter and DPRS rules. (b) Requires DPRS to adopt rules necessary to
implement this subchapter, if funding is available. Requires the rules to
include eligibility criteria for receiving assistance and services under
this subchapter.  
Sec. 264.803. INVESTIGATION OF PROPOSED PLACEMENT. Requires DPRS, before
placing a child with a proposed relative caregiver, to conduct an
investigation to determine whether the proposed placement is in the
child's best interests.  
Sec. 264.804. RELATIVE CAREGIVER ASSISTANCE AGREEMENT. Requires DPRS,
subject to available funds, to enter into a relative caregiver assistance
agreement with each qualified relative caregiver to provide monetary
assistance and additional support services to the relative caregiver.
Authorizes the monetary assistance and support services to include certain
benefits and services.  
Sec. 246.805. COORDINATION WITH OTHER AGENCIES. Requires DPRS to
coordinate with other health and human services agencies, as defined by
Section 531.001 (Definitions), Government Code, including the Texas
Department of Human Services, to provide assistance and services under
this subchapter.  
Sec. 264.806. FUNDS. Requires DPRS and other state agencies to actively
seek and use federal funds available for the purposes of this subchapter.  
SECTION 2. Requires DPRS, not later than December 1, 2003, to adopt rules
for implementing and administering the relative caregiver placement
program under Subchapter J, Chapter 264, Family Code, as added by this
Act.  
SECTION 3. (a) Requires DPRS, subject to available funds, to implement the
relative caregiver placement program, by March 1, 2004, in accordance with
Subchapter J, Chapter 264, Family Code, as added by this Act, in certain
administrative regions designated by DPRS.  
(b) Requires DPRS, subject to available funds, to implement the relative
caregiver placement program statewide, by March 1, 2005, in accordance
with Subchapter J, Chapter 264, Family Code, as added by this Act.  
SECTION 4. Effective date: September 1, 2003. 

EFFECTIVE DATE

September 1, 2003.