Amend SB 2080 (house committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Section 162.3041, Family Code, is amended by 
adding Subsection (a-1) and amending Subsection (d) to read as 
follows:
	(a-1)  Notwithstanding Subsection (a), if the department 
first entered into an adoption assistance agreement with a child's 
adoptive parents after the child's 16th birthday, the department 
shall, in accordance with rules adopted by the executive 
commissioner of the Health and Human Services Commission, offer 
adoption assistance after the child's 18th birthday to the child's 
adoptive parents under an existing adoption agreement until the 
last day of the month of the child's 21st birthday, provided the 
child is:
		(1)  regularly attending high school or enrolled in a 
program leading toward a high school diploma or high school 
equivalency certificate;
		(2)  regularly attending an institution of higher 
education or a postsecondary vocational or technical program;
		(3)  participating in a program or activity that 
promotes, or removes barriers to, employment;
		(4)  employed for at least 80 hours a month; or                        
		(5)  incapable of doing any of the activities described 
by Subdivisions (1) through (4) due to a documented medical 
condition.
	(d)  If the legislature does not appropriate sufficient 
money to provide adoption assistance to the adoptive parents of all 
children described by Subsection (a), the department shall provide 
adoption assistance only to the adoptive parents of children 
described by Subsection (a)(1).  The department is not required to 
provide adoption assistance benefits under Subsection (a-1) unless 
the department is specifically appropriated funds for purposes of 
that subsection.
	SECTION ____.  Section 264.101, Family Code, is amended by 
amending Subsections (a-1) and (d) and adding Subsection (a-2) to 
read as follows:
	(a-1)  The department shall continue to pay the cost of 
foster care for a child for whom the department provides care, 
including medical care, until the last day of the month in which
[later of:
		[(1)  the date] the child attains the age of 18.  The 
department shall continue to pay the cost of foster care for a child 
after the month in which the child attains the age of 18 as long as 
the child is:
		(1)  regularly attending[; or                         
		[(2)  the date the child graduates from] high school or 
[ceases to be] enrolled in a [secondary school in a] program leading 
toward a high school diploma or high school equivalency 
certificate;
		(2)  regularly attending an institution of higher 
education or a postsecondary vocational or technical program;
		(3)  participating in a program or activity that 
promotes, or removes barriers to, employment;
		(4)  employed for at least 80 hours a month; or                        
		(5)  incapable of performing the activities described 
by Subdivisions (1) through (4) due to a documented medical 
condition.
	(a-2)  The department shall continue to pay the cost of 
foster care under:
		(1)  Subsection (a-1)(1) until the last day of the 
month in which the child attains the age of 22; and
		(2)  Subsections (a-1)(2) through (5) until the last 
day of the month the child attains the age of 21.
	(d)  The executive commissioner of the Health and Human 
Services Commission may adopt rules that establish criteria and 
guidelines for the payment of foster care, including medical care, 
for a child and for providing care for a child after the child 
becomes 18 years of age if the child meets the requirements for 
continued foster care under Subsection (a-1) [is regularly 
attending an institution of higher education or a vocational or 
technical program].
	SECTION ____.  Sections 264.751(1) and (3), Family Code, are 
amended to read as follows:
		(1)  "Designated caregiver" means an individual who has 
a longstanding and significant relationship with a child for whom 
the department has been appointed managing conservator and who:
			(A)  is appointed to provide substitute care for 
the child, but is not licensed by the department or verified by a 
licensed child-placing agency or the department [certified] to 
operate a foster home, foster group home, agency foster home, or 
agency foster group home under Chapter 42, Human Resources Code; or
			(B)  is subsequently appointed permanent managing 
conservator of the child after providing the care described by 
Paragraph (A).
		(3)  "Relative caregiver" means a relative who:                               
			(A)  provides substitute care for a child for whom 
the department has been appointed managing conservator, but who is 
not licensed by the department or verified by a licensed 
child-placing agency or the department [certified] to operate a 
foster home, foster group home, agency foster home, or agency 
foster group home under Chapter 42, Human Resources Code; or
			(B)  is subsequently appointed permanent managing 
conservator of the child after providing the care described by 
Paragraph (A).
	SECTION ____.  Subchapter I, Chapter 264, Family Code, is 
amended by adding Section 264.760 to read as follows:
	Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND 
PERMANENCY CARE ASSISTANCE.  Notwithstanding any other provision of 
this subchapter, a relative or other designated caregiver who 
becomes licensed by the department or verified by a licensed 
child-placing agency or the department to operate a foster home, 
foster group home, agency foster home, or agency foster group home 
under Chapter 42, Human Resources Code, may receive foster care 
payments in lieu of the benefits provided by this subchapter, 
beginning with the first month in which the relative or other 
designated caregiver becomes licensed or is verified.
	SECTION ____.  Chapter 264, Family Code, is amended by 
adding Subchapter K to read as follows:
SUBCHAPTER K. PERMANENCY CARE ASSISTANCE PROGRAM
Sec. 264.851. DEFINITIONS. In this subchapter: (1) "Foster child" means a child who is or was in the temporary or permanent managing conservatorship of the department. (2) "Kinship provider" means a relative of a foster child, or another adult with a longstanding and significant relationship with a foster child before the child was placed with the person by the department, with whom the child resides for at least six consecutive months after the person becomes licensed by the department or verified by a licensed child-placing agency or the department to provide foster care. (3) "Permanency care assistance agreement" means a written agreement between the department and a kinship provider for the payment of permanency care assistance benefits as provided by this subchapter. (4) "Permanency care assistance benefits" means monthly payments paid by the department to a kinship provider under a permanency care assistance agreement. (5) "Relative" means a person related to a foster child by consanguinity or affinity. Sec. 264.852. PERMANENCY CARE ASSISTANCE AGREEMENTS. (a) The department shall enter into a permanency care assistance agreement with a kinship provider who is eligible to receive permanency care assistance benefits. (b) The department may enter into a permanency care assistance agreement with a kinship provider who is the prospective managing conservator of a foster child only if the kinship provider meets the eligibility criteria under federal and state law and department rule. (c) A court may not order the department to enter into a permanency care assistance agreement with a kinship provider unless the kinship provider meets the eligibility criteria under federal and state law and department rule, including requirements relating to the criminal history background check of a kinship provider. (d) A permanency care assistance agreement may provide for reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child, including attorney's fees and court costs. The reimbursement of the nonrecurring expenses under this subsection may not exceed $2,000. Sec. 264.853. RULES. The executive commissioner shall adopt rules necessary to implement the permanency care assistance program. The rules must: (1) establish eligibility requirements to receive permanency care assistance benefits under the program; and (2) ensure that the program conforms to the requirements for federal assistance as required by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351). Sec. 264.854. MAXIMUM PAYMENT AMOUNT. The executive commissioner shall set the maximum monthly amount of assistance payments under a permanency care assistance agreement in an amount that does not exceed the amount of the monthly foster care maintenance payment the department would pay to a foster care provider caring for the child for whom the kinship provider is caring. Sec. 264.855. CONTINUED ELIGIBILITY FOR PERMANENCY CARE ASSISTANCE BENEFITS AFTER AGE 18. If the department first entered into a permanency care assistance agreement with a foster child's kinship provider after the child's 16th birthday, the department may continue to provide permanency care assistance payments until the last day of the month of the child's 21st birthday, provided the child is: (1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate; (2) regularly attending an institution of higher education or a postsecondary vocational or technical program; (3) participating in a program or activity that promotes, or removes barriers to, employment; (4) employed for at least 80 hours a month; or (5) incapable of any of the activities described by Subdivisions (1) through (4) due to a documented medical condition. Sec. 264.856. APPROPRIATION REQUIRED. The department is not required to provide permanency care assistance benefits under this subchapter unless the department is specifically appropriated money for purposes of this subchapter. Sec. 264.857. DEADLINE FOR NEW AGREEMENTS. The department may not enter into a permanency care assistance agreement after August 31, 2017. The department shall continue to make payments after that date under a permanency care assistance agreement entered into on or before August 31, 2017, according to the terms of the agreement. SECTION ____. Not later than April 1, 2010, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement and administer the permanency care assistance program under Subchapter K, Chapter 264, Family Code, as added by this Act. SECTION ____. Sections 162.3041 and 264.101, Family Code, as amended by this Act, and Section 264.855, Family Code, as added by this Act, take effect October 1, 2010.