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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of relative or other designated |
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caregivers by the Department of Family and Protective Services and |
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monetary assistance provided 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. Sections 264.755(a) and (a-1), Family Code, are |
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amended to read as follows: |
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(a) Except as provided by Section 264.760(b), the [The] |
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department shall, subject to the availability of funds, enter into |
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a caregiver assistance agreement with each relative or other |
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designated caregiver to provide monetary assistance and additional |
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support services to the caregiver. The monetary assistance and |
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support services shall be based on a family's need, as determined by |
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Subsection (b) and rules adopted by the executive commissioner. |
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(a-1) When a relative or other designated caregiver enters |
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into a caregiver assistance agreement under Subsection (a), the |
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department shall inform the caregiver of: |
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(1) the option to become verified by a licensed |
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child-placing agency to operate an agency foster home, if |
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applicable; [and] |
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(2) the licensing procedures provided under Section |
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42.0539, Human Resources Code; and |
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(3) the permanency care assistance program under |
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Subchapter K. |
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SECTION 2. Section 264.760, Family Code, is amended to read |
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as follows: |
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Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND |
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PERMANENCY CARE ASSISTANCE. (a) Notwithstanding any other |
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provision of this subchapter, a relative or other designated |
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caregiver [who becomes verified by a licensed child-placing agency |
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to operate an agency foster home under Chapter 42, Human Resources |
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Code,] may receive foster care payments in lieu of the benefits |
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provided by this subchapter if the caregiver: |
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(1) becomes verified by a licensed child-placing |
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agency to operate an agency foster home under Chapter 42, Human |
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Resources Code; or |
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(2) obtains a license under Section 42.0539, Human |
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Resources Code. |
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(b) The relative or other designated caregiver may receive |
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foster care payments under this section[,] beginning with the first |
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month in which the [relative or other designated] caregiver becomes |
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licensed or is verified. |
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SECTION 3. Section 264.852, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A kinship provider who receives foster care payments |
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as provided by Section 264.760 is not eligible for permanency care |
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assistance benefits under this subchapter. |
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SECTION 4. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0539 to read as follows: |
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Sec. 42.0539. LICENSE FOR RELATIVE AND DESIGNATED |
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CAREGIVERS. (a) The executive commissioner by rule shall adopt a |
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procedure to issue a license to a relative or other designated |
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caregiver, as defined by Section 264.751, Family Code, that allows |
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the caregiver to receive foster care payments under Section |
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264.760, Family Code. |
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(b) The procedure must require the caregiver to meet the |
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basic safety requirements provided by the executive commissioner |
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rule to ensure the safety of the child. |
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SECTION 5. This Act takes effect September 1, 2025. |