BILL ANALYSIS

H.B. 4870

By: Davis, Aicha

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Relatives and close family friends often step in to care for children when parents cannot, helping prevent the child's removal into state custody and into the foster care system. While these kinship placements are usually informal, kinship caregivers face challenges such as the lack of legal authority to make decisions for the child or high legal fees required to gain this authority which can discourage kin from taking on this responsibility. The bill author has informed the committee that removing financial barriers to legal decision-making can help support kinship caregivers and ensure children remain in safe, familiar homes. H.B. 4870 seeks to provide for grants to eligible nonprofit organizations that provide legal assistance related to assuming care of a child to certain relative or kinship caregivers of the child.

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 rulemaking authority is expressly granted to the Office of Court Administration in SECTION 1 of this bill.

ANALYSIS

H.B. 4870 amends the Government Code to require the Office of Court Administration (OCA), using funds appropriated or otherwise available for the purpose, to develop and administer the relative and kinship care grant program to provide grants to eligible nonprofit organizations that provide legal assistance related to assuming care of a child to individuals who are relative or kinship caregivers of the child and whose incomes are at or below 400 percent of the federal poverty level. The bill establishes that legal assistance includes advice, consultation, or assistance that relates to any legal documentation or proceedings related to assuming care of a child, including the following as provided under applicable state law:

· consent to treatment of a child by a nonparent;

· authorization agreements for nonparent adult caregivers of a child;

· temporary authorizations for care of a minor child; and

· suits affecting the parent-child relationship.

The bill restricts the authority of OCA to award a grant under the program to awarding a grant only in accordance with a contract between OCA and the recipient that includes provisions under which OCA is granted sufficient control to ensure the public purpose of providing legal assistance to relative or kinship caregivers is accomplished and the state receives the return benefit.

H.B. 4870 authorizes OCA to do the following:

· accept gifts, grants, and donations for the purposes of the grant program; and

· as soon as practicable after the bill's effective date, adopt rules to administer the grant program, including rules that establish:

o eligibility criteria for grant applications;

o grant application procedures;

o guidelines related to grant amounts;

o procedures for evaluating grant applications; and

o procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any condition of the grant.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.