89R14929 DNC-D

By: Hunter H.B. No. 3941

A BILL TO BE ENTITLED

AN ACT

relating to services provided to foster youth transitioning to independent living, including transitional living services and Medicaid eligibility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 264.121(a), Family Code, is amended 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 23 [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 transition services for youth up to age 23 and develop policy to permit eligible youth who have exited foster care to continue to participate in the Transitional Living Services Program as necessary to achieve the goals of the program; and

(C) extend Medicaid coverage for foster care youth and former foster care youth up to age 23 as authorized by Section 32.02475, Human Resources Code, [21] with a single application at the time the youth leaves foster care;

(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).

SECTION 2. Section 264.121(b)(3), Family Code, is amended to read as follows:

(3) "Transitional Living Services Program" means a program, administered by the department in accordance with department rules and state and federal law, for youth who are age 14 or older but not more than 23 [21] years of age and are currently or were formerly in foster care, that assists youth in transitioning from foster care to independent living. The program provides transitional living services, Preparation for Adult Living Program services, and Education and Training Voucher Program services.

SECTION 3. Section 264.121(c), Family Code, is amended to read as follows:

(c) At the time a child enters the Preparation for Adult Living Program, the department shall provide an information booklet to the child and the foster parent describing the program and the benefits available to the child, including extended Medicaid coverage until age 23 [21], priority status with the Texas Workforce Commission, and the exemption from the payment of tuition and fees at institutions of higher education as defined by Section 61.003, Education Code. The information booklet provided to the child and the foster parent shall be provided in the primary language spoken by that individual.

SECTION 4. Section 264.121(f), Family Code, is amended to read as follows:

(f) The department shall require a person with whom the department contracts for transitional living services for foster youth to provide or assist youth in obtaining:

(1) housing services;

(2) job training and employment services;

(3) college preparation services;

(4) services that will assist youth in obtaining a general education development certificate;

(5) services that will assist youth in developing skills in food preparation;

(6) nutrition education that promotes healthy food choices;

(7) a savings or checking account if the youth is at least 18 years of age and has a source of income;

(8) mental health services;

(9) financial literacy education and civic engagement lessons required under Subsection (a-2); [and]

(10) for youth who are regularly attending an institution of higher education or a postsecondary vocational or technical program, financial support for on-campus or off-campus housing and utilities; and

(11) any other appropriate transitional living service identified by the department.

SECTION 5. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.02475 to read as follows:

Sec. 32.02475. MEDICAL ASSISTANCE FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) Notwithstanding Sections 32.0247 and 32.02471, the commission shall provide medical assistance to a former foster care youth regardless of the youth's income, assets, or resources if the youth:

(1) is younger than 26 years of age;

(2) was in the conservatorship of the Department of Family and Protective Services; and

(3) meets eligibility criteria established under federal and state law.

(b) The executive commissioner shall adopt rules necessary to implement this section.

SECTION 6. If before implementing Section 32.02475, Human Resources Code, as added by this Act, a state agency determines that any other waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 7. This Act takes effect September 1, 2025.