85R7845 MK-F

By: West S.B. No. 780

A BILL TO BE ENTITLED

AN ACT

relating to monetary assistance provided by the Department of Family and Protective Services to certain relatives and designated caregivers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 264.755, Family Code, is amended by amending Subsections (b) and (c) and adding Subsection (f) to read as follows:

(b) Monetary assistance provided under this section must include a one-time cash payment to the caregiver [on the initial placement of a child or a sibling group]. The amount of the cash payment, as determined by the department, must be at least [may not exceed] $1,000 for each child who is not placed as part of a sibling group. The payment for placement of a sibling group must be at least $1,000 for the group, but may not exceed $1,000 for each child in the group. The cash payment must be provided not later than the 60th day after the date of [on] the initial placement of each child with the caregiver and is provided to assist the caregiver in purchasing essential child-care items such as furniture and clothing. The executive commissioner, with assistance from the department and the commission, shall adopt a rule governing the method for allocating the one-time cash payment between the department and the commission.

(c) Monetary assistance and additional support services provided under this section may include:

(1) case management services and training and information about the child's needs until the caregiver is appointed permanent managing conservator;

(2) referrals to appropriate state agencies administering public benefits or assistance programs for which the child, the caregiver, or the caregiver's family may qualify;

(3) family counseling not provided under the Medicaid program for the caregiver's family for a period not to exceed two years from the date of initial placement;

(4) if the caregiver meets the eligibility criteria determined by rules adopted by the executive commissioner, reimbursement of all child-care expenses incurred while the child is under 13 years of age, or under 18 years of age if the child has a developmental disability, and while the department is the child's managing conservator;

(5) if the caregiver meets the eligibility criteria determined by rules adopted by the executive commissioner, reimbursement of 50 percent of child-care expenses incurred after the caregiver is appointed permanent managing conservator of the child while the child is under 13 years of age, or under 18 years of age if the child has a developmental disability; and

(6) at least $500 per year for each child for reimbursement of other expenses and the general care of the child, as determined by rules adopted by the executive commissioner[, not to exceed $500 per year for each child].

(f) The department shall reimburse a relative or other designated caregiver annually for expenses permitted under Subsection (c)(6). The department shall issue the initial reimbursement as soon as possible but not later than the 180th day after the date the child or sibling group is placed with the relative or designated caregiver. If the department does not receive an initial request for reimbursement from the relative or designated caregiver before the 180th day after the date of placement, the department shall:

(1) make a good faith effort, as part of the department's regular contact with the relative or designated caregiver, to request submission of the initial reimbursement request; and

(2) issue the reimbursement as soon as possible after the department receives the request for reimbursement.

SECTION 2. (a) Sections 264.755(b) and (c), Family Code, as amended by this Act, apply only to monetary assistance with respect to a child who is initially placed with a relative or other designated caregiver on or after the effective date of this Act. Monetary assistance with respect to a child who is initially placed with a relative or other designated caregiver before that date is governed by the law in effect on the date of the initial placement, and the former law is continued in effect for that purpose.

(b) Section 264.755(f), Family Code, as added by this Act, applies only to the reimbursement of a relative or other designated caregiver for expenses for which a completed request for reimbursement is submitted to the Department of Family and Protective Services on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2017.