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A BILL TO BE ENTITLED
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AN ACT
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relating to verification of the unavailability of community day |
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care before the Department of Family and Protective Services |
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provides day-care assistance or services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.124 to read as follows: |
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Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this |
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section, "day care" means the assessment, care, training, |
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education, custody, treatment, or supervision of a foster child by |
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a person other than the child's foster parent for less than 24 hours |
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a day, but at least two hours a day, three or more days a week. |
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(b) The department, in accordance with executive |
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commissioner rule, shall implement a process to verify that each |
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foster parent who is seeking monetary assistance from the |
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department for day care for a foster child has attempted to find |
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appropriate day-care services for the foster child through |
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community services, including Head Start programs, prekindergarten |
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classes, and early education programs offered in public schools. |
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The department shall specify the documentation the foster parent |
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must provide to the department to demonstrate compliance with the |
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requirements established under this subsection. |
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(c) Except as provided by Subsection (d), the department may |
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not provide monetary assistance to a foster parent for day care for |
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a foster child unless the department receives the verification |
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required under Subsection (b). |
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(d) The department may provide monetary assistance to a |
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foster parent for a foster child without the verification required |
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under Subsection (b) if the department determines the verification |
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would prevent an emergency placement that is in the child's best |
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interest. |
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SECTION 2. Section 264.755, Family Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) The department, in accordance with executive |
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commissioner rule, shall implement a process to verify that each |
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relative and designated caregiver who is seeking monetary |
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assistance or additional support services from the department for |
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day care as defined by Section 264.124 for a child under this |
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section has attempted to find appropriate day-care services for the |
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child through community services, including Head Start programs, |
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prekindergarten classes, and early education programs offered in |
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public schools. The department shall specify the documentation the |
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relative or designated caregiver must provide to the department to |
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demonstrate compliance with the requirements established under |
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this subsection. The department may not provide monetary |
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assistance or additional support services to the relative or |
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designated caregiver for the day care unless the department |
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receives the required verification. |
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(e) The department may provide monetary assistance or |
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additional support services to a relative or designated caregiver |
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for day care without the verification required under Subsection (d) |
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if the department determines the verification would prevent an |
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emergency placement that is in the child's best interest. |
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SECTION 3. This Act takes effect September 1, 2013. |