bill extending foster care and Medicaid to age 23

The text as introduced · 946 words

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.