|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to verification of the unavailability of community day  | 
      
      
        | 
           
			 | 
        care before the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        provides day-care assistance or services. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
               SECTION 1.  Subchapter B, Chapter 264, Family Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Section 264.124 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 264.124.  DAY CARE FOR FOSTER CHILD.  (a) In this  | 
      
      
        | 
           
			 | 
        section, "day care" means the assessment, care, training,  | 
      
      
        | 
           
			 | 
        education, custody, treatment, or supervision of a foster child by  | 
      
      
        | 
           
			 | 
        a person other than the child's foster parent for less than 24 hours  | 
      
      
        | 
           
			 | 
        a day, but at least two hours a day, three or more days a week. | 
      
      
        | 
           
			 | 
               (b)  The department, in accordance with executive  | 
      
      
        | 
           
			 | 
        commissioner rule, shall implement a process to verify that each  | 
      
      
        | 
           
			 | 
        foster parent who is seeking monetary assistance from the  | 
      
      
        | 
           
			 | 
        department for day care for a foster child has attempted to find  | 
      
      
        | 
           
			 | 
        appropriate day-care services for the foster child through  | 
      
      
        | 
           
			 | 
        community services, including Head Start programs, prekindergarten  | 
      
      
        | 
           
			 | 
        classes, and early education programs offered in public schools.   | 
      
      
        | 
           
			 | 
        The department shall specify the documentation the foster parent  | 
      
      
        | 
           
			 | 
        must provide to the department to demonstrate compliance with the  | 
      
      
        | 
           
			 | 
        requirements established under this subsection. | 
      
      
        | 
           
			 | 
               (c)  The department may not provide monetary assistance to a  | 
      
      
        | 
           
			 | 
        foster parent for day care for a foster child unless the department  | 
      
      
        | 
           
			 | 
        receives the verification required under Subsection (b). | 
      
      
        | 
           
			 | 
               SECTION 2.  Section 264.755, Family Code, is amended by  | 
      
      
        | 
           
			 | 
        adding Subsection (d) to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The department, in accordance with executive  | 
      
      
        | 
           
			 | 
        commissioner rule, shall implement a process to verify that each  | 
      
      
        | 
           
			 | 
        relative and designated caregiver who is seeking monetary  | 
      
      
        | 
           
			 | 
        assistance or additional support services from the department for  | 
      
      
        | 
           
			 | 
        day care as defined by Section 264.124 for a child under this  | 
      
      
        | 
           
			 | 
        section has attempted to find appropriate day-care services for the  | 
      
      
        | 
           
			 | 
        child through community services, including Head Start programs,  | 
      
      
        | 
           
			 | 
        prekindergarten classes, and early education programs offered in  | 
      
      
        | 
           
			 | 
        public schools.  The department shall specify the documentation the  | 
      
      
        | 
           
			 | 
        relative or designated caregiver must provide to the department to  | 
      
      
        | 
           
			 | 
        demonstrate compliance with the requirements established under  | 
      
      
        | 
           
			 | 
        this subsection.  The department may not provide monetary  | 
      
      
        | 
           
			 | 
        assistance or additional support services to the relative or  | 
      
      
        | 
           
			 | 
        designated caregiver for the day care unless the department  | 
      
      
        | 
           
			 | 
        receives the required verification. | 
      
      
        | 
           
			 | 
               SECTION 3.  This Act takes effect September 1, 2013. |