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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 Subsections (d) and (e) to read |
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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 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 temporary managing conservator must require the |
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department to pay monetary assistance to the relative caregiver |
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during the time the child is in the temporary managing |
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conservatorship of the department if: |
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(1) the relative caregiver has a family income that is |
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less than 200 percent of the federal poverty level; and |
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(2) the child for whom the relative caregiver will |
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provide substitute care has: |
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(A) one or more siblings who will also be cared |
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for by the relative caregiver; or |
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(B) a physical or mental disability or an |
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emotionally disabling condition. |
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(e) The monetary assistance paid under Subsection (d) must |
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be paid at a daily rate that is equal to at least 100 percent of the |
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daily basic foster parent rate that the department would pay from |
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state funds if the child was placed in substitute care provided in a |
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foster home by a foster parent licensed under Chapter 42, Human |
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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, 2011. |