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.