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A BILL TO BE ENTITLED
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AN ACT
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relating to monetary assistance provided by the Department of |
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Family and Protective Services to certain relative or designated |
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caregivers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.752(c), Family Code, is amended to |
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read as follows: |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this subchapter. [The rules must include eligibility |
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criteria for receiving assistance and services under this |
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subchapter.] |
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SECTION 2. Section 264.755, Family Code, as amended by |
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Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular |
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Session, 2017, is amended by reenacting and amending Subsections |
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(a), (b), (b-1), (c), and (f) to read as follows: |
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(a) The department shall, subject to the availability of |
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funds, enter into a caregiver assistance agreement with each |
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relative or other designated caregiver to provide monetary |
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assistance and additional support services to the caregiver. [The |
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monetary assistance and support services shall be based on a |
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family's need, as determined by Subsection (b) and rules adopted by |
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the executive commissioner.] |
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(b) The department shall provide monetary assistance under |
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this section to each relative or other designated [a] caregiver |
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[who has a family income that is less than or equal to 300 percent of |
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the federal poverty level]. Monetary assistance provided to a |
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caregiver under this section may not exceed 50 percent of the |
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department's daily basic foster care rate for the child. [A |
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caregiver who has a family income greater than 300 percent of the |
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federal poverty level is not eligible for monetary assistance under |
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this section.] |
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(b-1) The department shall disburse monetary assistance |
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provided to a caregiver under Subsection (b) in the same manner as |
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the department disburses payments to a foster parent. The |
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department may not provide monetary assistance to an eligible |
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caregiver under Subsection (b) after the first anniversary of the |
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date the caregiver receives the first monetary assistance payment |
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from the department under this section. The department, at its |
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discretion and for good cause, may extend the monetary assistance |
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payments for an additional six months. |
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(c) Monetary assistance and additional support services |
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provided under this section may include: |
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(1) case management services and training and |
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information about the child's needs until the caregiver is |
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appointed permanent managing conservator; |
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(2) referrals to appropriate state agencies |
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administering public benefits or assistance programs for which the |
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child, the caregiver, or the caregiver's family may qualify; |
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(3) family counseling not provided under the Medicaid |
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program for the caregiver's family for a period not to exceed two |
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years from the date of initial placement; |
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(4) [if the caregiver meets the eligibility criteria |
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determined by rules adopted by the executive commissioner,] |
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reimbursement of all child-care expenses incurred while the child |
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is under 13 years of age, or under 18 years of age if the child has a |
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developmental disability, and while the department is the child's |
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managing conservator; and |
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(5) [if the caregiver meets the eligibility criteria |
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determined by rules adopted by the executive commissioner,] |
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reimbursement of 50 percent of child-care expenses incurred after |
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the caregiver is appointed permanent managing conservator of the |
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child while the child is under 13 years of age, or under 18 years of |
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age if the child has a developmental disability. |
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(f) If a person [who has a family income that is less than or |
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equal to 300 percent of the federal poverty level] enters into a |
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caregiver assistance agreement with the department, obtains |
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permanent managing conservatorship of a child, and meets all other |
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eligibility requirements, the person may receive an annual |
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reimbursement of other expenses for the child, as determined by |
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rules adopted by the executive commissioner, not to exceed $500 per |
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year until the earlier of: |
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(1) the third anniversary of the date the person was |
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awarded permanent managing conservatorship of the child; or |
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(2) the child's 18th birthday. |
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SECTION 3. Section 264.755(b-2), Family Code, is repealed. |
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SECTION 4. Section 264.755, Family Code, as amended by this |
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Act, applies to a caregiver assistance agreement entered into |
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before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |