79R9361 KLA-D
By: Veasey H.B. No. 2790
A BILL TO BE ENTITLED
AN ACT
relating to a subsidized guardianship program to provide financial
subsidies to certain grandparents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Department of Family and Protective
Services shall conduct a study regarding the feasibility of
implementing a subsidized guardianship program using federal funds
available under Title IV-E, Social Security Act (42 U.S.C. Section
670 et seq.), under which the department would provide financial
subsidies to a person who:
(1) is a grandparent or step-grandparent of a child;
(2) is 60 years of age or older;
(3) resides in the same primary residence as the
child; and
(4) is the primary caregiver for the child because the
child's parents or legal guardians are unable or unwilling to act as
the child's primary caregiver, regardless of whether the person has
been appointed temporary or permanent managing conservator of the
child.
(b) If the Department of Family and Protective Services
determines that a subsidized guardianship program described by
Subsection (a) of this section is feasible, the department shall
determine:
(1) additional requirements a person must meet to
receive a subsidy under the program;
(2) the types of subsidies that would be:
(A) most useful to persons who would receive
subsidies under the program, including whether the subsidies would
be one-time or recurring payments; and
(B) authorized under federal law; and
(3) whether any federal waivers are necessary to
implement the program.
(c) Not later than December 1, 2006, the Department of
Family and Protective Services shall submit a report to the
executive commissioner of the Health and Human Services Commission
and the presiding officers of the standing committees of the senate
and house of representatives having jurisdiction over health and
human services programs or family law. The report must include the
department's determination regarding the feasibility of
implementing a subsidized guardianship program and, if the
department determines that the program is feasible, the
department's recommendations regarding:
(1) the requirements for and types of subsidies that
should be offered under the program, as determined under
Subsections (b)(1) and (2) of this section; and
(2) any legislation necessary to implement the
program.
SECTION 2. This Act takes effect September 1, 2005.