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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a kinship caregiver 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 CAREGIVER ASSISTANCE PROGRAM |
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Sec. 264.851. DEFINITIONS. In this subchapter: |
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(1) "Kinship caregiver" means a relative who provides |
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substitute care for a child for whom the department had been |
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appointed managing conservator, but who is not licensed or |
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certified to operate a foster home, foster group home, agency |
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foster home, or agency foster group home under Chapter 42, Human |
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Resources Code. |
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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. RULES. (a) The executive commissioner shall |
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adopt rules necessary to implement the kinship caregiver assistance |
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program. The rules must: |
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(1) establish eligibility requirements to receive |
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kinship caregiver assistance benefits under the program; and |
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(2) provide for the amount of kinship caregiver |
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assistance payments under the program. |
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(b) In adopting rules regarding kinship caregiver |
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assistance payments, the executive commissioner shall ensure that |
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kinship caregiver assistance payments are equal to 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 caregiver 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 caregiver |
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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 |
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caregiver assistance program under Subchapter K, Chapter 264, |
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Family Code, as 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. |