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A BILL TO BE ENTITLED
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AN ACT
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relating to financial assistance for voluntary caregivers of a |
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child during an investigation by the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 264, Family |
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Code, is amended to read as follows: |
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SUBCHAPTER I. RELATIVE AND OTHER DESIGNATED CAREGIVER |
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PLACEMENT PROGRAM; VOLUNTARY PLACEMENT PROGRAM |
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SECTION 2. Section 264.751, Family Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Voluntary caregiver" means a person with whom a |
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parent or other person with legal custody of a child who is the |
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subject of an investigation by the department under Chapter 261 |
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voluntarily places the child to prevent the possible removal of the |
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child by the department. |
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SECTION 3. Subchapter I, Chapter 264, Family Code, is |
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amended by adding Section 264.7521 to read as follows: |
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Sec. 264.7521. VOLUNTARY CAREGIVER PLACEMENT PROGRAM. (a) |
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The department shall develop a program to: |
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(1) promote temporary stability for each child who is |
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not in the conservatorship of the department but is placed |
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voluntarily with a relative or other adult with whom the child has a |
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longstanding and significant relationship; and |
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(2) facilitate voluntary caregiver placements by |
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providing assistance and services to those caregivers. |
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(b) To be eligible for assistance and services under this |
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section, a voluntary caregiver must: |
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(1) provide voluntary care for at least 60 days; and |
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(2) meet additional eligibility criteria established |
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by rule. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section. The rules must: |
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(1) include eligibility criteria for receiving |
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assistance and services under this section; and |
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(2) provide that assistance and services under this |
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section may be provided only while the department is conducting an |
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investigation of or providing family-based safety services to a |
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parent, managing conservator, possessory conservator, guardian, |
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caretaker, or custodian of the child. |
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SECTION 4. Sections 264.755(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) The department shall, subject to the availability of |
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funds, enter into a caregiver assistance agreement with each |
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relative caregiver, [or other] designated caregiver, or voluntary |
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caregiver to provide monetary assistance and additional support |
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services to the caregiver. The monetary assistance and support |
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services shall be based on a family's need, as determined by rules |
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adopted by the executive commissioner. |
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(b) Monetary assistance provided under this section must |
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include a one-time cash payment of not more than $1,000 to the |
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caregiver on the initial placement of a child or a sibling |
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group. The cash payment must be provided on the initial placement |
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of each child with the relative caregiver or designated caregiver, |
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or on the 60th day after the date the child is placed with a |
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voluntary caregiver, and is provided to assist the caregiver in |
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purchasing essential child-care items such as furniture and |
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clothing. |
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SECTION 5. This Act takes effect September 1, 2009. |