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A BILL TO BE ENTITLED
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AN ACT
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relating to providing financial assistance to certain kinship |
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caregivers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0042 to read as follows: |
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Sec. 31.0042. KINSHIP CARE SUPPORT PROGRAM. (a) To the |
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extent funds are appropriated for this purpose, the department |
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shall establish a kinship care support program to provide financial |
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assistance to kinship caregivers using funds available for that |
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purpose under the federal Temporary Assistance for Needy Families |
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block grant. |
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(b) A person is considered a kinship caregiver for purposes |
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of the program and, except as provided by Subsection (d), is |
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eligible for financial assistance through the kinship care support |
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program if the person applies for that assistance and: |
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(1) is a grandparent, step-grandparent, aunt, uncle, |
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or other adult relative within the fifth degree of consanguinity or |
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affinity of a dependent child who resides in the person's |
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household, but is not the person's child; |
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(2) except as provided by Subsection (c), has been |
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appointed as the temporary or permanent managing conservator or the |
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guardian of the person of the dependent child; |
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(3) has an annual household income that is less than |
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130 percent of the federal poverty level; |
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(4) does not have either of the dependent child's |
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parents residing in the person's household; and |
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(5) agrees to pursue the entry of a child support order |
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or the enforcement of an existing child support order against the |
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dependent child's parents with the assistance of the Title IV-D |
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agency, if applicable. |
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(c) A person who has not been appointed as the temporary or |
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permanent managing conservator or the guardian of the person of a |
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dependent child but who otherwise meets the requirements of |
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Subsections (b)(1), (3), (4), and (5) is considered a kinship |
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caregiver and is eligible for financial assistance through the |
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kinship care support program if the person seeks to be appointed the |
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child's conservator or guardian. The person is ineligible for |
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continued financial assistance through the program if, on the first |
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anniversary of the date the person begins receiving financial |
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assistance through the program, the person has not been appointed |
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the child's conservator or guardian. |
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(d) A person who is convicted of a felony offense, an |
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element of which is the possession, use, or distribution of a |
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controlled substance, as that term is defined by 21 U.S.C. Section |
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802, is not eligible for financial assistance through the kinship |
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care support program until the later of: |
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(1) the first anniversary of the date the person was |
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finally convicted of the offense; or |
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(2) if the person is confined in a state or federal |
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correctional facility as a result of the conviction, the first |
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anniversary of the date the person is released from that |
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confinement. |
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(e) The amount of financial assistance provided through the |
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kinship care support program on a monthly basis for each dependent |
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child must be at least equal to the amount of the monthly foster |
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care payment that would be paid to a foster parent for the child if |
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the child were in foster care. |
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(f) A determination that a person is ineligible for |
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financial assistance provided through the kinship care support |
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program does not affect the person's eligibility for other |
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financial assistance available under this chapter. |
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(g) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules regarding: |
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(1) any other eligibility requirements that are |
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reasonably necessary to: |
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(A) administer the kinship care support program |
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in accordance with this section and any applicable federal law; |
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(B) promote the safety and best interests of |
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dependent children for whom assistance is provided under the |
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program; and |
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(C) establish procedures for a redetermination |
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of a person's status as a kinship caregiver and eligibility for |
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assistance through the program not less frequently than annually; |
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(2) whether a person may receive assistance under both |
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this section and Section 31.0041; and |
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(3) subject to Subsection (e), the amount of the |
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assistance provided through the program. |
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SECTION 2. Not later than November 1, 2011, the Health and |
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Human Services Commission shall establish the kinship care support |
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program under Section 31.0042, Human Resources Code, as added by |
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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, 2011. |