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A BILL TO BE ENTITLED
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AN ACT
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relating to child support funds recovered by the Title IV-D agency |
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on behalf of a child in the conservatorship of the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 231.010, Family Code, is |
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amended to read as follows: |
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Sec. 231.010. COOPERATION WITH DEPARTMENT OF FAMILY AND |
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PROTECTIVE [AND REGULATORY] SERVICES. |
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SECTION 2. Section 231.010, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) In this section, "department" means the Department of |
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Family and Protective [and Regulatory] Services. |
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(c) The Title IV-D agency shall work with the department to |
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identify the amount of child support paid by the parent of a child |
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in the conservatorship of the department that exceeds the amount of |
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the foster care maintenance payment paid by the department for the |
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child. |
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SECTION 3. Section 264.109, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The department and the Title IV-D agency shall execute a |
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memorandum of understanding for the implementation of the |
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provisions of this section and for the allocation to [between] the |
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department [and the agency], consistent with federal laws and |
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regulations, of any child support funds recovered by the Title IV-D |
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agency in substitute care cases to reimburse the department for the |
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cost of foster care maintenance payments. All child support funds |
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recovered under this section and retained by the department [or the
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Title IV-D agency] and any federal matching or incentive funds |
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resulting from child support collection efforts in substitute care |
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cases shall be in excess of amounts otherwise appropriated to |
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[either] the department [or the Title IV-D agency] by the |
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legislature. |
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(d) If the amount of child support funds recovered by the |
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Title IV-D agency and allocated to the department for a child in the |
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conservatorship of the department exceeds the amount of the foster |
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care maintenance payment paid by the department for the child, the |
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department shall use the excess amount of child support in the |
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manner it determines will serve the best interests of the child. |
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SECTION 4. This Act takes effect September 1, 2017. |