BILL ANALYSIS
By: Reyna
Juvenile Justice & Family Issues
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The U.S. Census Bureau estimates there are more than four million U.S. children living in homes in which a grandparent is the primary caregiver. Grandparents caring for their grandchildren is not a new phenomenon; however, the number of grandparents raising their grandchildren is growing. More grandparents are taking on this responsibility due to the desire to influence their grandchildren's personal and cultural identity, prevent placement in a foster home, buffer effects of divorce or single-parenthood, care for children with parents in jail, reduce contact with substance abuse parents, or to come to their aid during family crises, including psychological, physical and sexual abuse or neglect.
In most cases, the parents of these children are not forwarding the child support payments that they receive to the grandparents, which whom the grandchildren are living. Many times these grandparents are retired and their only means of income is social security each month. Living on a fixed income without the means to properly care for their grandchildren creates an additional burden for these caregivers.
CSHB 2231 requires the court to modify an order providing for the support of the child to allow the person who has physical possession of the child for at least six months to receive the child support in order to financially care for the child's needs.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Section 156.409(a) of the Family Code to require the court to modify an order providing for the support of the child to allow the person who has physical possession of the child for at least six months, to receive and give receipt for payments of support for the child and to hold or disburse money for the benefit of the child.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 2231 modifies the original HB 2231 by deleting the two month time limitation and replacing it with a six month time limitation already applicable in the current statutes.