By: Zaffirini S.B. No. 58
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a relative caregiver placement pilot
program for certain children for whom the Department of Protective
and Regulatory Services is appointed managing conservator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 264, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. RELATIVE CAREGIVER PLACEMENT PILOT PROGRAM
Sec. 264.801. DEFINITIONS. In this subchapter:
(1) "Relative" means a person related to a child by
consanguinity as determined under Section 573.022, Government
Code.
(2) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not licensed or certified to operate a foster home, foster group
home, agency foster home, or agency foster group home under Chapter
42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing care as described by
Paragraph (A).
Sec. 264.802. RELATIVE CAREGIVER PLACEMENT PILOT PROGRAM.
(a) The department shall use available funds to develop and
administer a pilot program for one year to:
(1) promote placing children for whom the department
is appointed managing conservator with relative caregivers; and
(2) facilitate relative caregiver placements by
providing assistance and services to those caregivers in accordance
with this subchapter.
(b) The department shall develop policies necessary to
implement this subchapter and the pilot program under this
subchapter using available funds. The policies must include
eligibility criteria for receiving assistance and services under
this subchapter.
Sec. 264.803. INVESTIGATION OF PROPOSED PLACEMENT. Before
placing a child with a proposed relative caregiver, the department
must conduct an investigation to determine whether the proposed
placement is in the child's best interests.
Sec. 264.804. RELATIVE CAREGIVER ASSISTANCE AGREEMENT. The
department shall enter into a relative caregiver assistance
agreement with each qualified relative caregiver to provide
monetary assistance and additional support services to the relative
caregiver. The monetary assistance and support services may
include:
(1) a one-time cash payment of not more than $1,000 for
each group of related children to the caregiver on the initial
placement of a child or group of related children to assist the
caregiver in purchasing essential child-care items such as
furniture and clothing;
(2) case management services and training and
information about the child's or children's needs until the
caregiver is appointed permanent managing conservator;
(3) referrals to appropriate state agencies
administering public benefits or assistance programs for which a
child, the caregiver, or the caregiver's family may qualify;
(4) family counseling not provided under the Medicaid
program for the caregiver's family for a period not to exceed two
years from the date of initial placement;
(5) if the caregiver and the child meet applicable
eligibility criteria determined by the department, reimbursement
of all child-care expenses incurred for the child while the
department is the child's managing conservator;
(6) if the caregiver and the child meet applicable
eligibility criteria determined by the department, reimbursement
of 50 percent of child-care expenses incurred after the caregiver
is appointed permanent managing conservator of the child; and
(7) reimbursement of other expenses, as determined by
the department, not to exceed $500 per year for each group of
related children.
Sec. 264.805. COORDINATION WITH OTHER AGENCIES. The
department shall coordinate with other health and human services
agencies, as defined by Section 531.001, Government Code, including
the Texas Department of Human Services, to provide assistance and
services under this subchapter.
Sec. 264.806. FUNDS. The department and other state
agencies shall actively seek and use federal funds available for
the purposes of this subchapter.
SECTION 2. Not later than December 1, 2003, the Department
of Protective and Regulatory Services shall develop policies for
implementing and administering the relative caregiver placement
pilot program under Subchapter J, Chapter 264, Family Code, as
added by this Act.
SECTION 3. (a) Not later than March 1, 2004, the
Department of Protective and Regulatory Services shall implement
the relative caregiver placement pilot program in accordance with
Subchapter J, Chapter 264, Family Code, as added by this Act, in one
administrative region designated by the department.
(b) The Department of Protective and Regulatory Services
shall evaluate the relative caregiver placement pilot program
implemented in accordance with Subchapter J, Chapter 264, Family
Code, as added by this Act. Not later than January 2, 2005, the
department shall submit a report on that evaluation to the
legislature.
SECTION 4. This Act takes effect September 1, 2003.