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A BILL TO BE ENTITLED
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AN ACT
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relating to the Transitional Living Services Program and the |
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Preparation for Adult Living Program for foster children |
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transitioning to independent living. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 264.121, Family Code, is |
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amended to read as follows: |
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Sec. 264.121. TRANSITIONAL [PREPARATION FOR ADULT] LIVING |
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SERVICES PROGRAM. |
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SECTION 2. Section 264.121, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), (d), |
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(e), and (f) to read as follows: |
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(a) The department shall address the unique challenges |
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facing foster children in the conservatorship of the department who |
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must transition to independent living by: |
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(1) expanding efforts to improve transition |
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[discharge] planning and increasing the availability of |
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transitional family group decision-making to all youth age 14 [16] |
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or older in the department's permanent managing conservatorship, |
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including enrolling the youth in the Preparation for Adult Living |
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Program before the age of 16; |
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(2) coordinating with the Health and Human Services |
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Commission to obtain authority, to the extent allowed by federal |
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law, the state Medicaid plan, the Title IV-E state plan, and any |
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waiver or amendment to either plan, necessary to: |
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(A) extend foster care eligibility and |
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transition services for youth up to age 21 and develop policy to |
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permit eligible youth to return to foster care as necessary to |
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achieve the goals of the Transitional Living Services [Preparation
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for Adult Living] Program; and |
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(B) extend Medicaid coverage for foster care |
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youth and former foster care youth up to age 21 with a single |
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application at the time the youth leaves foster care; and |
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(3) entering into cooperative agreements with the |
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Texas Workforce Commission and local workforce development boards |
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to further the objectives of the Preparation for Adult Living |
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Program. The department, the Texas Workforce Commission, and the |
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local workforce development boards shall ensure that services are |
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prioritized and targeted to meet the needs of foster care and former |
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foster care children and that such services will include, where |
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feasible, referrals for short-term stays for youth needing housing. |
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(a-1) The department shall require a foster care provider to |
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provide or assist youth who are age 14 or older in obtaining |
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experiential life-skills training to improve their transition to |
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independent living. Experiential life-skills training must be |
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tailored to a youth's skills and abilities and may include training |
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in practical activities that include grocery shopping, meal |
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preparation and cooking, using public transportation, performing |
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basic household tasks, and balancing a checkbook. |
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(b) In this section: |
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(1) "Local [local] workforce development board" means |
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a local workforce development board created under Chapter 2308, |
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Government Code. |
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(2) "Preparation for Adult Living Program" means a |
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program administered by the department as a component of the |
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Transitional Living Services Program and includes independent |
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living skills assessment, short-term financial assistance, basic |
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self-help skills, and life-skills development and training |
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regarding money management, health and wellness, job skills, |
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planning for the future, housing and transportation, and |
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interpersonal skills. |
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(3) "Transitional Living Services Program" means a |
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program, administered by the department in accordance with |
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department rules and state and federal law, for youth who are age 14 |
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or older but not more than 21 years of age and are currently or were |
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formerly in foster care, that assists youth in transitioning from |
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foster care to independent living. The program provides |
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transitional living services, Preparation for Adult Living Program |
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services, and Education and Training Voucher Program services. |
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(d) The department shall allow a youth who is at least 18 |
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years of age to receive transitional living services, other than |
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foster care benefits, while residing with a person who was |
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previously designated as a perpetrator of abuse or neglect if the |
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department determines that despite the person's prior history the |
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person does not pose a threat to the health and safety of the youth. |
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(e) The department shall ensure that each youth acquires a |
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certified copy of the youth's birth certificate, a social security |
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card or replacement social security card, as appropriate, and a |
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personal identification certificate under Chapter 521, |
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Transportation Code, on or before the date on which the youth turns |
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16 years of age. The department shall designate one or more |
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employees in the Preparation for Adult Living Program as the |
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contact person to assist a youth who has not been able to obtain the |
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documents described by this subsection in a timely manner from the |
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youth's primary caseworker. The department shall ensure that: |
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(1) all youth who are age 16 or older are provided with |
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the contact information for the designated employees; and |
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(2) a youth who misplaces a document provided under |
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this subsection receives assistance in obtaining a replacement |
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document or information on how to obtain a duplicate copy, as |
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appropriate. |
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(f) The department shall require a person with whom the |
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department contracts for transitional living services for foster |
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youth to provide or assist youth in obtaining: |
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(1) housing services; |
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(2) job training and employment services; |
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(3) college preparation services; |
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(4) services that will assist youth in obtaining a |
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general education development certificate; and |
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(5) any other appropriate transitional living service |
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identified by the department. |
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SECTION 3. (a) To achieve the best possible outcomes for |
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foster care youth transitioning to independent living, the |
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Department of Family and Protective Services shall: |
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(1) examine and identify, both in this state and in |
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other states, the best practices for an individualized approach to |
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services for foster care youth transitioning to independent living |
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that considers the skills and abilities of each youth and provides |
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opportunities for self-determination; |
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(2) establish a transitional living services |
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workgroup that includes former foster care youth, providers of |
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life-skills and after-care services, court-appointed special |
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advocates, and other persons with expertise in the needs of |
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transition-age youth to assist the department; and |
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(3) develop a comprehensive transitional living |
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services plan to improve the department's Transitional Living |
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Services Program that incorporates the best practices identified |
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under Subdivision (1) of this subsection and the recommendations of |
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the transitional living services workgroup created under |
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Subdivision (2) of this subsection and assists the department in: |
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(A) ensuring that each foster youth who is age 16 |
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or older receives an individual assessment of the youth's |
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developmental needs and future goals to be used to develop an |
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individualized transitional living services plan, tailored to the |
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youth; |
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(B) modifying the Preparation for Adult Living |
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Program training curriculum to include online training options and |
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a selection of training modules that may be selected to meet the |
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needs of an individual youth; and |
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(C) ensuring that transitional living services |
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are appropriate and meet the individual and specialized needs of a |
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foster care youth with disabilities. |
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(b) Not later than September 1, 2010, the Department of |
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Family and Protective Services shall submit to the legislature a |
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report that includes: |
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(1) the transitional living services plan developed |
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under Subsection (a) of this section; |
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(2) any recommended statutory changes necessary to |
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implement the transitional living services plan; and |
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(3) a request for any additional funding necessary for |
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implementation of the transitional living services plan. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2009. |
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* * * * * |