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A BILL TO BE ENTITLED
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AN ACT
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relating to monetary assistance for care provided to children by |
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certain relatives or other designated caregivers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.755(a), Family Code, is amended to |
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read as follows: |
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(a) The department shall[, subject to the availability of
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funds,] enter into a caregiver assistance agreement with each |
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relative or other designated caregiver to provide monetary |
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assistance and additional support services to the caregiver. |
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Subject to Section 264.7551, [The] monetary assistance and support |
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services shall be based on a family's need, as determined by rules |
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adopted by the executive commissioner, and be subject to the |
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availability of funds. |
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SECTION 2. Subchapter I, Chapter 264, Family Code, is |
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amended by adding Section 264.7551 to read as follows: |
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Sec. 264.7551. CAREGIVER ASSISTANCE AGREEMENTS FOR CARE OF |
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CERTAIN CHILDREN. (a) This section applies only to: |
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(1) a relative caregiver described by Section |
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264.751(3)(B); and |
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(2) a designated caregiver described by Section |
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264.751(1)(B). |
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(b) Subject to Subsection (d), a caregiver assistance |
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agreement entered into under Section 264.755 between the department |
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and a relative or other designated caregiver must require the |
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department to provide monetary assistance to the caregiver. The |
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monetary assistance must be paid: |
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(1) monthly until the child with respect to whom the |
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assistance is provided reaches the age of 18; and |
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(2) in an amount determined in accordance with |
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department rules. |
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(c) The department shall conduct an annual review of the |
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care being provided by a relative or other designated caregiver |
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receiving monetary assistance in accordance with this section. |
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(d) The department shall implement this section only if the |
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department receives federal funds to provide the monetary |
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assistance required by this section through a waiver program for |
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which the department obtains approval under Title IV-E, Social |
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Security Act (42 U.S.C. Section 670 et seq.). |
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SECTION 3. Section 264.758, Family Code, is amended to read |
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as follows: |
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Sec. 264.758. FUNDS. The department and other state |
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agencies shall actively seek and use federal funds, including funds |
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under Title IV-E, Social Security Act (42 U.S.C. Section 670 et |
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seq.), available for the purposes of this subchapter. |
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SECTION 4. The Department of Family and Protective Services |
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shall actively pursue a waiver or other authorization from an |
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appropriate federal agency to use federal funds available under |
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Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), to |
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provide monthly monetary assistance under a caregiver assistance |
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agreement in accordance with Section 264.7551, Family Code, as |
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added by this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |