By:  Zaffirini                                                            S.B. No. 58



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a relative caregiver placement 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 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 PROGRAM.  (a)  
The department shall develop and administer a program 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 and department rules.
	(b)  The department shall adopt rules necessary to implement 
this subchapter.  The rules 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 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 to 
the caregiver on the child's initial placement 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 needs until the caregiver is 
appointed permanent managing conservator;
		(3)  referrals to appropriate state agencies 
administering public benefits or assistance programs for which the 
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 meets the eligibility criteria 
determined by department rule, reimbursement of all child-care 
expenses incurred while the child is under 13 years of age and while 
the department is the child's managing conservator;
		(6)  if the caregiver meets the eligibility criteria 
determined by department rule, reimbursement of 50 percent of 
child-care expenses incurred after the caregiver is appointed 
permanent managing conservator of the child while the child is 
under 13 years of age; and
		(7)  reimbursement of other expenses, as determined by 
department rule, not to exceed $500 per year for each child.
	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 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) Not later than March 1, 2004, the Department 
of Protective and Regulatory Services shall implement the relative 
caregiver placement program in accordance with Subchapter J, 
Chapter 264, Family Code, as added by this Act, in the following 
administrative regions designated by the department:
		(1)  Region 5; and                                                            
		(2)  Region 11.                                                               
	(b)  Not later than March 1, 2005, the Department of 
Protective and Regulatory Services shall implement the relative 
caregiver placement program in accordance with Subchapter J, 
Chapter 264, Family Code, as added by this Act, statewide.
	SECTION 4.  This Act takes effect September 1, 2003.