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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of support rights and other benefits for a |
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child in the conservatorship of the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 264, Family Code, is |
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amended by adding Section 264.0112 to read as follows: |
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Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH |
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DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR |
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CHILD. (a) In this section, "legal representative" means the |
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child's attorney, the child's attorney ad litem, or another |
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individual appointed by a court to represent the legal interests of |
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the child. |
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(b) For a child in the department's conservatorship who |
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receives or is eligible to receive benefits or services for which a |
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representative payee or fiduciary is required, the department shall |
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immediately provide notice to the child through the child's legal |
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representative regarding: |
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(1) any application for United States Department of |
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Veterans Affairs benefits, Supplemental Security Income (SSI) |
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benefits under 42 U.S.C. Section 1381 et seq., or Social Security |
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Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et |
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seq. made on the child's behalf; |
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(2) if the department serves as the representative |
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payee or in any other fiduciary capacity for the child, any |
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application to become representative payee for the child's United |
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States Department of Veterans Affairs benefits, Supplemental |
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Security Income (SSI) benefits under 42 U.S.C. Section 1381 et |
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seq., or Social Security Disability Insurance (SSDI) benefits under |
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42 U.S.C. Section 401 et seq.; |
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(3) any decisions or communications from the United |
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States Department of Veterans Affairs or the Social Security |
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Administration regarding an application described by Subdivision |
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(1); and |
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(4) any appeal or other action requested by the |
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department regarding an application for benefits described by |
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Subdivision (1). |
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(c) If the department serves as the representative payee or |
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otherwise receives United States Department of Veterans Affairs |
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benefits, Supplemental Security Income (SSI) benefits under 42 |
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U.S.C. Section 1381 et seq., or Social Security Disability |
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Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the |
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child's behalf, the department shall provide the following |
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information to the child through the child's legal representative |
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before each placement review hearing: |
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(1) the amount of benefit funds received on the child's |
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behalf since the most recent notification to the child's legal |
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representative and the date the benefits were received; |
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(2) information regarding the child's assets and |
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resources, including the child's benefits, insurance, cash assets, |
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trust accounts, earnings, and other resources; |
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(3) an accounting of the disbursement of benefit |
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funds, including the date, amount, and identification of the payee; |
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and |
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(4) information regarding each request by the court |
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appointed special advocate for the child, the child's legal |
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representative, or the child's caregiver for disbursement of funds |
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and a statement regarding the department's reason for not granting |
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the request if the request was not granted. |
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SECTION 2. Section 264.109(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 264.763, the [The] |
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placement of a child in substitute care by the department |
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constitutes an assignment to the state of any support rights |
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attributable to the child as of the date the child is placed in |
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substitute care. |
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SECTION 3. Subchapter I, Chapter 264, Family Code, is |
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amended by adding Section 264.763 to read as follows: |
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Sec. 264.763. PAYMENT OF CHILD'S SUPPORT RIGHTS AND |
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BENEFITS. A relative or other designated caregiver is eligible to |
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receive support and benefits, including monthly benefits, on behalf |
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of a child placed with the person by the department. The department |
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shall pass through to the relative or other designated caregiver: |
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(1) any support rights attributable to the child; and |
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(2) payments to which the child is entitled or that are |
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paid for the benefit of the child, including Supplemental Security |
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Income (SSI) benefits under 42 U.S.C. Section 1381 et seq. |
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SECTION 4. This Act takes effect September 1, 2025. |