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A BILL TO BE ENTITLED
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AN ACT
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relating to the maximum amount of a monthly subsidy that may be paid |
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under adoption assistance agreements for certain children with |
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special needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.304, Family Code, is amended by |
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adding Subsections (g) and (h) to read as follows: |
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(g) The executive commissioner of the Health and Human |
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Services Commission by rule shall provide that the maximum amount |
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of the subsidy under Subsection (b) that may be paid to an adoptive |
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parent of a child under an adoption assistance agreement is an |
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amount that is equal to the amount that would have been paid to the |
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foster parent of the child, based on the child's foster care service |
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level on the date the department and the adoptive parent enter into |
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the adoption assistance agreement. This subsection applies only to |
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a child who, based on factors specified in rules of the department, |
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the department determines would otherwise have been expected to |
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remain in foster care until the child's 18th birthday and for whom |
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this state would have made foster care payments for that care. |
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Factors the department may consider in determining whether a child |
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is eligible for the amount of the subsidy authorized by this |
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subsection include the following: |
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(1) the child's mental or physical disability, age, |
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and membership in a sibling group; and |
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(2) the number of prior placement disruptions the |
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child has experienced. |
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(h) In determining the amount that would have been paid to a |
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foster parent for purposes of Subsection (g), the department: |
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(1) shall use the minimum amount required to be paid to |
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a foster parent for a child assigned the same service level as the |
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child who is the subject of the adoption assistance agreement; and |
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(2) may not include any amount that a child-placing |
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agency is entitled to retain under the foster care rate structure in |
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effect on the date the department and the adoptive parent enter into |
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the agreement. |
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SECTION 2. Sections 162.304(g) and (h), Family Code, as |
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added by this Act, apply only to an adoption assistance agreement |
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that is entered into on or after the effective date of this Act. An |
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adoption assistance agreement that was entered into before the |
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effective date of this Act is governed by the law in effect on the |
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date the agreement was entered into, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |