Bill Text: TX HB4159 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services and monetary assistance provided by the Department of Family and Protective Services to certain relative or designated caregivers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Human Services [HB4159 Detail]

Download: Texas-2023-HB4159-Introduced.html
  88R14252 BDP-D
 
  By: Gervin-Hawkins H.B. No. 4159
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedures for the removal of certain children in
  the managing conservatorship of the Department of Family and
  Protective Services and monetary assistance provided by the
  Department of Family and Protective Services to certain relative or
  designated caregivers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 262, Family Code, is
  amended by adding Section 262.117 to read as follows:
         Sec. 262.117.  LIMITS ON REMOVAL FROM RELATIVE CAREGIVER.
  (a) Except as provided by Subsection (b), the department may not
  take possession of a child under this subchapter who has been placed
  with a relative caregiver under Subchapter I, Chapter 264, whose
  relationship with the child is within the fourth degree by
  consanguinity before the department has, to the extent applicable:
               (1)  conducted an investigation; 
               (2)  provided parental services and resources to the
  caregiver; or
               (3)  provided warnings or reminders of appropriate
  policy to the caregiver.
         (b)  Notwithstanding Subsection (a), the department may take
  possession of a child as authorized by Section 262.102 or 262.104 in
  the manner prescribed by those sections.
         SECTION 2.  Section 264.752(c), Family Code, is amended to
  read as follows:
         (c)  The executive commissioner shall adopt rules necessary
  to implement this subchapter. [The rules must include eligibility
  criteria for receiving assistance and services under this
  subchapter.]
         SECTION 3.  Section 264.755, Family Code, as amended by
  Chapter 315 (H.B. 4), Acts of the 85th Legislature, Regular
  Session, 2017, is amended by reenacting and amending Subsections
  (a), (b), (b-1), (c), and (f) to read as follows:
         (a)  The department shall, subject to the availability of
  funds, enter into a caregiver assistance agreement with each
  relative or other designated caregiver to provide monetary
  assistance and additional support services to the caregiver. [The
  monetary assistance and support services shall be based on a
  family's need, as determined by Subsection (b) and rules adopted by
  the executive commissioner.]
         (b)  The department shall provide monetary assistance under
  this section to each relative or other designated [a] caregiver
  [who has a family income that is less than or equal to 300 percent of
  the federal poverty level]. Monetary assistance provided to a
  caregiver under this section must be equal to [may not exceed 50
  percent of] the department's minimum daily [basic] foster care
  reimbursement rate for the child. [A caregiver who has a family
  income greater than 300 percent of the federal poverty level is not
  eligible for monetary assistance under this section.]
         (b-1)  The department shall disburse monetary assistance
  provided to a caregiver under Subsection (b) in the same manner as
  the department disburses payments to a foster parent. [The
  department may not provide monetary assistance to an eligible
  caregiver under Subsection (b) after the first anniversary of the
  date the caregiver receives the first monetary assistance payment
  from the department under this section. The department, at its
  discretion and for good cause, may extend the monetary assistance
  payments for an additional six months.]
         (c)  Monetary assistance and additional support services
  provided under this section may include:
               (1)  case management services and training and
  information about the child's needs until the caregiver is
  appointed permanent managing conservator;
               (2)  referrals to appropriate state agencies
  administering public benefits or assistance programs for which the
  child, the caregiver, or the caregiver's family may qualify;
               (3)  family counseling not provided under the Medicaid
  program for the caregiver's family for a period not to exceed two
  years from the date of initial placement;
               (4)  [if the caregiver meets the eligibility criteria
  determined by rules adopted by the executive commissioner,]
  reimbursement of all child-care expenses incurred while the child
  is under 13 years of age, or under 18 years of age if the child has a
  developmental disability, and while the department is the child's
  managing conservator; and
               (5)  [if the caregiver meets the eligibility criteria
  determined by rules adopted by the executive commissioner,]
  reimbursement of 50 percent of child-care expenses incurred after
  the caregiver is appointed permanent managing conservator of the
  child while the child is under 13 years of age, or under 18 years of
  age if the child has a developmental disability.
         (f)  If a person [who has a family income that is less than or
  equal to 300 percent of the federal poverty level] enters into a
  caregiver assistance agreement with the department, obtains
  permanent managing conservatorship of a child, and meets all other
  eligibility requirements, the person may receive an annual
  reimbursement of other expenses for the child, as determined by
  rules adopted by the executive commissioner, not to exceed $500 per
  year until the earlier of:
               (1)  the third anniversary of the date the person was
  awarded permanent managing conservatorship of the child; or
               (2)  the child's 18th birthday.
         SECTION 4.  Section 264.755(b-2), Family Code, is repealed.
         SECTION 5.  Section 264.755, Family Code, as amended by this
  Act, applies to a caregiver assistance agreement entered into
  before, on, or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2023.
feedback