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A BILL TO BE ENTITLED
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AN ACT
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relating to a voluntary temporary caregiver program providing |
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temporary care for children removed from their homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 262, Family Code, is |
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amended by adding Sections 262.1041 and 262.1042 to read as |
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follows: |
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Sec. 262.1041. VOLUNTARY TEMPORARY CAREGIVER PROGRAM. (a) |
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The Department of Family and Protective Services shall create a |
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program that allows a child who is removed from the child's home |
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under this chapter to be placed in the care of an individual |
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approved as a voluntary temporary caregiver under this section. |
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(b) The department shall establish an application and |
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verification process to approve individuals to serve as voluntary |
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temporary caregivers. The department's verification process must: |
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(1) include a background and criminal history record |
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check of each caregiver; |
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(2) verify the caregiver: |
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(A) has a home with adequate sleeping space for |
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each child placed with the caregiver; |
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(B) has six or fewer children in the caregiver's |
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home, including the caregiver's own children and any children for |
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whom the caregiver provides day care; |
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(C) agrees to nonphysical discipline; |
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(D) has had all pets in the caregiver's home |
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vaccinated; and |
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(E) maintains and submits to the department proof |
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of current certification in first aid and cardiopulmonary |
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resuscitation issued by the American Red Cross, the American Heart |
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Association, or another organization that provides equivalent |
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training and certification; |
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(3) require each member of the caregiver's household |
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to undergo a screening test for tuberculosis infection approved by |
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the executive commissioner of the Health and Human Services |
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Commission; and |
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(4) include any other administrative procedure the |
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department determines is necessary to ensure the caregiver will |
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provide a safe home for the child. |
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(c) The department shall require each voluntary temporary |
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caregiver to receive four hours of training relating to child |
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development and disciplinary techniques for children who are |
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classified above a basic service level. A caregiver who applies to |
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become a licensed or verified foster home shall receive a credit of |
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four hours toward the training hours required by Section 42.0537, |
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Human Resources Code, for a person to become a licensed or verified |
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foster home. |
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(d) A voluntary temporary caregiver must agree to care for a |
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child placed with the caregiver for at least 14 days. |
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(e) Except as provided by Subsection (f), a child may be |
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placed with a voluntary temporary caregiver for not more than 14 |
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days after the date the child is removed from the child's home. |
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(f) If the child's caseworker determines that it is in the |
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child's best interest for the child to remain in the care of the |
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voluntary temporary caregiver for more than 14 days, the caseworker |
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may, if the voluntary temporary caregiver agrees: |
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(1) allow the child to remain in the care of the |
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voluntary temporary caregiver; |
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(2) designate the voluntary temporary caregiver as the |
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caregiver of the child under a parental child safety placement |
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agreement in accordance with Subchapter L, Chapter 264; or |
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(3) designate the voluntary temporary caregiver as a |
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designated caregiver of the child in accordance with Subchapter I, |
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Chapter 264. |
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(g) A voluntary temporary caregiver with whom a child is |
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placed under this section is not entitled to any reimbursement for |
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the care the caregiver provides for the child. |
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(h) A voluntary temporary caregiver is not liable for the |
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cost of any medical care the child receives while the child is |
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placed with the caregiver. The cost of any medical care shall be |
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covered by the existing health insurance provided for the child. |
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(i) A voluntary temporary caregiver shall ensure that the |
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child: |
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(1) continues to attend the school in which the child |
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was enrolled immediately before the child was removed from the |
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child's home; or |
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(2) attends another school chosen by the child's |
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caseworker if the child's caseworker determines that it is unsafe |
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for the child to continue to attend the school in which the child |
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was enrolled immediately before the child was removed from the |
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child's home. |
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(j) The department shall publicize the voluntary temporary |
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caregiver program and notify the parents of a child being removed |
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from the child's home whether the child will be placed with a |
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voluntary temporary caregiver. |
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(k) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement this |
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section. |
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Sec. 262.1042. RELEASE OF CHILD BY LAW ENFORCEMENT OR |
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JUVENILE PROBATION OFFICER TO VOLUNTARY TEMPORARY CAREGIVER. A law |
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enforcement or juvenile probation officer who takes possession of a |
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child under this chapter may release the child to a voluntary |
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temporary caregiver approved under Section 262.1041. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement the |
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changes in law made by this Act; and |
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(2) the Department of Family and Protective Services |
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shall implement the voluntary temporary caregiver program as |
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required by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |