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A BILL TO BE ENTITLED
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AN ACT
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relating to monetary assistance for substitute care provided to a |
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child by a relative caregiver. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.755, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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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 or other designated caregiver to provide monetary |
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assistance and additional support services to the caregiver. |
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Subject to Subsection (d), the [The] monetary assistance and |
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support services shall be based on a family's need, as determined by |
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rules adopted by the executive commissioner, and be subject to the |
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availability of funds. |
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(d) A caregiver assistance agreement entered into under |
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this section between the department and a relative caregiver who |
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will provide substitute care for a child for whom the department has |
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been appointed managing conservator must require the department to |
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pay monetary assistance to the relative caregiver during the time |
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the child is in substitute care. The monetary assistance must be |
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paid at a daily rate that is equal to at least 60 percent of the |
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daily 24-hour residential child-care facility rate that the |
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department would pay for the child if the substitute care were |
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provided in a foster home, foster group home, agency foster home, or |
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agency foster group home licensed or certified under Chapter 42, |
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Human Resources Code. |
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SECTION 2. The change in law made by this Act applies to a |
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caregiver assistance agreement entered into on or after the |
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effective date of this Act. A caregiver assistance agreement |
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entered into before the effective date of this Act is governed by |
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the law in effect on the date the agreement was entered into, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |