By: Powell, et al. S.B. No. 1084
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Preparation for Adult Living Program and other
  services for foster children transitioning to independent living.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.121, Family Code, is amended by
  amending Subsections (a), (a-2), (e-1), and (g) and adding
  Subsections (a-7) and (e-4) to read as follows:
         (a)  The department shall address the unique challenges
  facing foster children in the conservatorship of the department who
  must transition to independent living by:
               (1)  expanding efforts to improve transition planning
  and increasing the availability of transitional family group
  decision-making to all youth age 14 or older in the department's
  permanent managing conservatorship, including enrolling the youth
  in the Preparation for Adult Living Program before the age of 16;
               (2)  coordinating with the commission to obtain
  authority, to the extent allowed by federal law, the state Medicaid
  plan, the Title IV-E state plan, and any waiver or amendment to
  either plan, necessary to:
                     (A)  extend foster care eligibility and
  transition services for youth up to age 21 and develop policy to
  permit eligible youth to return to foster care as necessary to
  achieve the goals of the Transitional Living Services Program; and
                     (B)  extend Medicaid coverage for foster care
  youth and former foster care youth up to age 21 with a single
  application at the time the youth leaves foster care; [and]
               (3)  entering into cooperative agreements with the
  Texas Workforce Commission and local workforce development boards
  to further the objectives of the Preparation for Adult Living
  Program. The department, the Texas Workforce Commission, and the
  local workforce development boards shall ensure that services are
  prioritized and targeted to meet the needs of foster care and former
  foster care children and that such services will include, where
  feasible, referrals for short-term stays for youth needing housing;
               (4)  addressing barriers to participation in the
  Preparation for Adult Living Program for a youth who has a
  disability by making appropriate accommodations that allow the
  youth to meaningfully participate in the program; and
               (5)  documenting in the youth's case file any
  accommodations made under Subdivision (4).
         (a-2)  The experiential life-skills training under
  Subsection (a-1) must include:
               (1)  a financial literacy education program developed
  in collaboration with the Office of Consumer Credit Commissioner
  and the State Securities Board that:
                     (A)  includes instruction on:
                           (i)  obtaining and interpreting a credit
  score;
                           (ii)  protecting, repairing, and improving a
  credit score;
                           (iii)  avoiding predatory lending
  practices;
                           (iv)  saving money and accomplishing
  financial goals through prudent financial management practices;
                           (v)  using basic banking and accounting
  skills, including balancing a checkbook;
                           (vi)  using debit and credit cards
  responsibly;
                           (vii)  understanding a paycheck and items
  withheld from a paycheck;
                           (viii)  understanding the time requirements
  and process for filing federal taxes;
                           (ix)  protecting financial, credit, and
  personally identifying information in personal and professional
  relationships and online;
                           (x)  forms of identity and credit theft; and
                           (xi)  using insurance to protect against the
  risk of financial loss; and
                     (B)  assists a youth who has a source of income to:
                           (i)  establish a savings plan and, if
  available, a savings account that the youth can independently
  manage; and
                           (ii)  prepare a monthly budget that includes
  the following expenses:
                                 (a)  rent based on the monthly rent for
  an apartment advertised for lease during the preceding month;
                                 (b)  utilities based on a reasonable
  utility bill in the area in which the youth resides;
                                 (c)  telephone service based on a
  reasonable bill for telephone service in the area in which the youth
  resides;
                                 (d)  Internet service based on a
  reasonable bill for Internet service in the area in which the youth
  resides; and
                                 (e)  other reasonable monthly
  expenses; and
               (2)  for youth who are 17 years of age or older, lessons
  related to:
                     (A)  insurance, including applying for and
  obtaining automobile insurance and residential property insurance,
  including tenants insurance; [and]
                     (B)  civic engagement, including the process for
  registering to vote, the places to vote, and resources for
  information regarding upcoming elections; and
                     (C)  the documents the youth is required to
  receive under Subsection (e-1) prior to being discharged from
  foster care and how those documents may be used.
         (a-7)  The department shall ensure that before a youth leaves
  foster care, each youth who is 14 years of age or older has an e-mail
  address through which the youth may receive encrypted copies of
  personal documents and records.
         (e-1)  If, at the time a youth is discharged from foster
  care, the youth is at least 18 years of age or has had the
  disabilities of minority removed, the department shall provide to
  the youth, not later than the 30th day before the date the youth is
  discharged from foster care, the following information and
  documents unless the youth already has the information or document:
               (1)  the youth's birth certificate;
               (2)  the youth's immunization records;
               (3)  the information contained in the youth's health
  passport;
               (4)  a personal identification certificate under
  Chapter 521, Transportation Code;
               (5)  a social security card or a replacement social
  security card, if appropriate; and
               (6)  a Medicaid card or other proof of the youth's
  enrollment in Medicaid or an insurance card from a health plan that
  provides health coverage to foster youth[, if appropriate].
         (e-4)  The youth's caseworker shall:
               (1)  assist the youth with developing a plan for
  keeping the documents described by Subsection (e) in a safe place;
  and
               (2)  inform the youth about the documents the youth is
  required to receive before the date the youth is discharged from
  foster care.
         (g)  For a youth taking prescription medication, the
  department shall ensure that the youth's transition plan includes
  provisions to assist the youth in managing the use of the medication
  and in managing the child's long-term physical and mental health
  needs after leaving foster care, including:
               (1)  provisions that inform the youth about:
                     (A) [(1)]  the use of the medication;
                     (B) [(2)]  the resources that are available to
  assist the youth in managing the use of the medication; and
                     (C) [(3)]  informed consent and the provision of
  medical care in accordance with Section 266.010(l); and
               (2)  for each youth who is 17 years of age or older and
  preparing to leave foster care, a program supervised by a health
  care professional to assist the youth with independently managing
  the youth's medication.
         SECTION 2.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1214 to read as follows:
         Sec. 264.1214.  HOUSING FOR HOMELESS YOUTH AGING OUT OF
  FOSTER CARE. (a) For a youth who will voluntarily enter extended
  foster care on the youth's 18th birthday, the youth's caseworker
  shall, not later than six months before the youth's 18th birthday,
  complete any necessary transitional living or supervised
  independent living paperwork to ensure the youth has housing on the
  date the youth enters extended foster care. Not later than the 90th
  day before the youth's 18th birthday, the caseworker shall review
  the qualifications and requirements for the youth's housing.
         (b)  If a youth intends to continue living with the youth's
  substitute care provider after the youth's 18th birthday, the
  department shall waive any background check otherwise required for
  the youth to remain living with the substitute care provider.
         (c)  For a youth who continues living with the youth's
  substitute care provider after the youth's 18th birthday, the youth
  may share a bedroom with another youth who is 16 years of age or
  older provided the age difference between the youths does not
  exceed two years.
         (d)  A substitute care provider who prohibits a youth from
  living in the facility after the youth's 18th birthday shall notify
  the youth's caseworker of that fact:
               (1)  not later than:
                     (A)  the 90th day before the youth's 18th birthday
  if the facility is a foster home; or
                     (B)  six months before the youth's 18th birthday
  if the facility is a cottage family home or general residential
  operation; or
               (2)  as soon as possible if the youth is placed in a
  foster home, cottage family home, or general residential operation
  less than six months before the youth's 18th birthday.
         (e)  After receiving notice under Subsection (d), the
  youth's caseworker shall verbally communicate with the youth about
  the youth's living arrangements and document the substance of the
  communication in the youth's case file.
         (f)  The department shall assist a youth living in a
  supervised independent living program arrangement to develop a
  rental history by allowing the youth to cosign the lease for the
  youth's housing provided the property owner does not object.
         (g)  The department by rule shall establish a protocol that
  may be implemented for a youth to prevent the youth from aging out
  of a residential treatment center. The protocol, if implemented,
  must be implemented not later than the youth's 17th birthday or at
  the time the youth is placed in a residential treatment center after
  the youth's 17th birthday.
         SECTION 3.  This Act takes effect September 1, 2021.