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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 Subsection (g) to read as follows: |
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(g) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules providing that the maximum |
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amount of the subsidy under Subsection (b) that may be paid to an |
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adoptive parent of a child under an adoption assistance agreement |
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is an amount that is equal to the amount of the foster care payment |
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that would be provided for the child, based on the child's foster |
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care service level on the date the department and the adoptive |
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parent enter into the adoption assistance agreement, if the child |
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remained in foster care on that date. This subsection applies only |
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to a monthly subsidy paid under the adoption assistance agreement |
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for a child: |
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(1) whose adoptive parent under the adoption |
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assistance agreement had been the child's foster parent; and |
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(2) for whom the department, for a period of at least |
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18 months before entering into the adoption assistance agreement, |
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exercised due diligence in attempting to locate an appropriate |
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adoptive placement, but was unable to locate an appropriate |
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adoptive placement other than with the child's foster parent |
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described in Subdivision (1). |
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SECTION 2. Section 162.304(g), Family Code, as added by |
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this Act, applies only to an adoption assistance agreement that is |
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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. |