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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a kinship guardian assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 264, Family Code, is amended by adding |
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Subchapter K to read as follows: |
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SUBCHAPTER K. KINSHIP GUARDIAN ASSISTANCE PROGRAM |
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Sec. 264.851. DEFINITIONS. In this subchapter: |
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(1) "Kinship guardian" means a relative who: |
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(A) provides substitute care for six consecutive |
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months for a child for whom the department had been appointed |
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managing conservator, but who is not licensed or certified to |
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operate a foster home, foster group home, agency foster home, or |
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agency foster group home under Chapter 42, Human Resources Code; |
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and |
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(B) is subsequently appointed permanent managing |
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conservator of the child. |
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(2) "Relative" means a person related to a child by |
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consanguinity as determined under Section 573.022, Government |
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Code. |
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Sec. 264.852. KINSHIP GUARDIAN ASSISTANCE PROGRAM. (a) |
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The executive commissioner shall adopt rules necessary to implement |
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a kinship guardian assistance program. The rules must: |
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(1) provide for the amount of kinship guardian |
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assistance payments under the program; and |
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(2) ensure that the program conforms to the |
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requirements for federal assistance as required by the Fostering |
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Connections to Success and Increasing Adoptions Act of 2008 (Pub. |
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L. No. 110-351). |
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(b) In adopting rules regarding kinship guardian assistance |
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payments, the executive commissioner shall ensure that kinship |
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guardian assistance payments are equal to or less than the monetary |
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assistance available for a foster care provider caring for the |
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child for whom the kinship guardian is caring. |
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(c) To the extent permitted by federal law, the department |
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shall use federal funds available under Title IV-E, Social Security |
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Act (42 U.S.C. Section 670 et seq.), to administer the program under |
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this subchapter. |
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(d) A person may not concurrently receive kinship guardian |
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assistance payments under this subchapter and relative caregiver |
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assistance under Subchapter I. |
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SECTION 2. Not later than December 1, 2009, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules for implementing and administering the kinship guardian |
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assistance program under Subchapter K, Chapter 264, Family Code, as |
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added by this Act. |
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SECTION 3. 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 4. This Act takes effect September 1, 2009. |