BILL ANALYSIS

C.S.H.B. 741

By: Gervin-Hawkins

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that although designated kinship caregivers are often family members of the child in their care, the payments they receive are less than the payments provided to licensed foster care providers. The bill author has also informed the committee that the Department of Family and Protective Services may be removing children from kinship family placements when uncalled for. C.S.H.B. 741 seeks to address these issues by requiring that a relative or other designated caregiver be provided certain information regarding financial benefits, including assistance that would be available if the caregiver became verified as an agency foster home, and by establishing limits on the removal of a child from a relative caregiver whose relationship with the child is within the fourth degree by consanguinity.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 741 amends the Family Code to prohibit the Department of Family and Protective Services (DFPS) from taking possession of a child who, under the relative and other designated caregiver placement program, has been placed with a relative caregiver whose relationship with the child is within the fourth degree by consanguinity before DFPS has, to the extent applicable:

· conducted an investigation;

· provided parental services and resources to the caregiver; or

· provided warnings or reminders of appropriate policy to the caregiver.

However, the bill authorizes DFPS to take the following actions notwithstanding that prohibition:

· take possession of a child as authorized by an emergency order issued by a court or, if there is no time to obtain such an order, under certain emergency conditions specified in state law;

· remove the child from the specified relative caregiver placement if the removal is for the purposes of reunifying the child with a parent, placing the child with another relative caregiver in the best interest of the child, or complying with a court order; or

· consider removing the child from the specified relative caregiver placement if the relative caregiver is interfering with the parent-child relationship.

These provisions may not be construed to interfere with a relative caregiver's ability to provide notice of the caregiver's inability to care for a child. The bill requires DFPS to employ its existing processes for evaluating the placement of a child in DFPS conservatorship with consideration for the safety of the child and making placement decisions consistent with the child's safety and best interest.

C.S.H.B. 741 includes the following among the topics on which DFPS is required to provide information to a relative or other designated caregiver when they enter into a caregiver assistance agreement:

· the process by which the caregiver may become verified by a licensed child-placing agency to operate an agency foster home and the agencies in the caregiver's local area that are capable of verifying the caregiver;

· the amount of additional financial assistance that the caregiver would receive under the permanency care assistance program if the caregiver were verified to operate an agency foster home; and

· any other financial benefits that may be available to the caregiver.

C.S.H.B. 741 establishes that a relative or other designated caregiver is eligible to receive monetary assistance or additional support services from DFPS for day care, as defined by statutory provisions relating to day care for foster children, for a child who is younger than 13 years of age, or younger than 18 years of age if the child has a developmental disability, if the caregiver satisfies the following qualifications:

· is employed at least 20 hours per week;

· has a diagnosed disability that limits the caregiver's ability to provide full-time child care; or

· is older than 65 years of age.

The bill revises the existing requirement for DFPS to implement a process to verify that each relative and designated caregiver who is seeking monetary assistance or additional support services from DFPS for day care has attempted to find appropriate day-care services for the child through community services by additionally requiring verification that the caregiver is qualified for such assistance or services as provided by the bill.

C.S.H.B. 741 applies to a caregiver assistance agreement entered into before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 741 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and substitute establish limits on DFPS taking possession of a child who has been placed with a relative caregiver whose relationship with the child is within the fourth degree by consanguinity, but the substitute includes the following provisions that did not appear in the introduced:

· an authorization for DFPS to remove the child from such a placement if the removal is for the purposes of reunifying the child with a parent, placing the child with another relative caregiver in the best interest of the child, or complying with a court order;

· an authorization for DFPS to consider removing the child from such a placement if the relative caregiver is interfering with the parent-child relationship;

· a prohibition against the bill's provisions establishing these limits being construed to interfere with a relative caregiver's ability to provide notice of the caregiver's inability to care for a child; and

· a requirement for DFPS to employ its existing processes for evaluating the placement of a child in DFPS conservatorship with consideration for the safety of the child and making placement decisions consistent with the child's safety and best interest.

The substitute includes the following provisions absent from the introduced:

· a provision expanding the type of information that DFPS must provide a relative or other designated caregiver when they enter into a caregiver assistance agreement to include certain information about verification as an agency foster home and financial benefits; and

· a provision specifying the qualifications of a relative or other designated caregiver who is eligible to receive monetary assistance or additional support services from DFPS for day care for a child who is younger than 13 years of age, or younger than 18 years of age if the child has a developmental disability, and requiring verification that a relative or designated caregiver seeking such assistance or services meets those qualifications.

The substitute omits the provisions in the introduced that did the following with respect to monetary assistance and support services under the relative and designated caregiver placement program:

· expanded eligibility for such assistance and services by removing provisions that require the adoption of eligibility criteria by the commissioner of DFPS, require the assistance and services to be based on a family's need, and establish a family income threshold for monetary assistance;

· increased the amount of monetary assistance provided to a caregiver; and

· removed provisions limiting the period of time for which a caregiver is eligible for monetary assistance.