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A BILL TO BE ENTITLED
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AN ACT
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relating to extending foster care coverage for certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.003, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In the context of a suit affecting the parent-child |
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relationship filed by any party as defined by the Texas Family Code, |
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Title V, Sec. 102.003, "child" includes a person who: |
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(1) is not a citizen of the United States; |
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(2) is under 21 years of age; |
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(3) does not have a parent in the United States with |
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the ability to provide care for or maintain physical custody of the |
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person due to abuse, neglect, or abandonment; and |
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(4) is either: |
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(A) enrolled in a program leading toward a high |
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school diploma or high school equivalency certificate; or |
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(B) subject to a court order naming a managing |
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conservator for the person. |
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SECTION 2. Section 102.009, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Service of citation on the parents of a child may be |
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waived as provided by Section 287(h), Immigration and Nationality |
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Act (8 U.S.C. Section 1357(h)), if the suit involves a child who is |
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not a United States citizen described by Section 101(a)(27)(J), |
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Immigration and Nationality Act (8 U.S.C. Section 1101(a)(27)(J)). |
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SECTION 3. Section 264.101(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) The department shall continue to pay the cost of |
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foster care for a child for whom the department provides care, |
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including medical care, until the later of: |
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(1) the date the child attains the age of 18; [or] |
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(2) the date the child graduates from high school or |
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ceases to be enrolled in a secondary school in a program leading |
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toward a high school diploma; or |
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(3) for a child classified as a special immigrant |
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under Section 101(a)(27)(J), Immigration and Nationality Act (8 |
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U.S.C. Section 1101(a)(27)(J)), the date: |
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(A) special immigrant status is revoked by the |
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United States Department of Homeland Security; or |
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(B) the child becomes a permanent resident of the |
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United States. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |