Post-Adoption Bill Entitles Certified Nonprofits To State Matching Funds

The text as introduced · 1,073 words

By: Schatzline
H.B. No. 5302

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Foster Care Post

Adoption Assistance Account Program.

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

SECTION 1. Chapter 162, Family Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. TEXAS POST ADOPTION ASSISTANCE ACCOUNT PROGRAM

Sec. 162.751. DEFINITIONS. In this subchapter:

(1) "Post adoption assistance account" means a Texas

Foster Care Post Adoption Assistance Account provided under Section

162.759.

(2) "Certified organization" means an organization

certified under Section 162.753.

(3) "Eligible parent" means a parent who meets the

requirements of Section 162.757.

(4) "Program account" means money required to be

distributed as provided by Section 162.755(a)(5)(A).

Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;

PURPOSE. The comptroller shall establish and administer the Texas

Foster Care Post Adoption Assistance Account Program for the

purpose of encouraging the adoption of Texas children waiting for

adoption in the Texas foster care system by providing adoptive

parents with private sector and public assistance with post

adoption-related expenses.

Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;

PARTICIPATION IN PROGRAM. (a) The comptroller shall select and

certify organizations that meet the eligibility requirements of

Section 162.754 to participate in the Texas Foster Care Post

Adoption Assistance Account Program.

(b) A certified organization may solicit and accept

donations and award post adoption assistance grants in this state

under the conditions and limitations provided by this subchapter.

(c) The comptroller shall solicit applications and select

and approve new certified organizations on an ongoing basis to meet

the needs in this state.

Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS

APPLYING FOR CERTIFICATION. (a) An organization may apply to the

comptroller for certification under Section 162.753.

(b) An organization is eligible for certification by the

comptroller only if:

(1) the organization is exempt from federal tax under

Section 501(a), Internal Revenue Code of 1986, by being listed as an

exempt organization in Section 501(c)(3) of that code and meeting

all other applicable requirements for that exemption;

(2) the organization's mission includes providing

services or other assistance to families, women, or children; and

(3) the organization agrees to, if certified:

(A) in partnership with the state, assist

eligible parents with the payment of post adoption-related

expenses; and

(B) be independently audited on an annual basis

and file the audit report with the comptroller.

Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)

A certified organization shall:

(1) comply at all times with the eligibility

requirements under Section 162.754(b);

(2) submit to an annual independent audit under

guidelines provided by the comptroller and file the audit report

with the comptroller;

(3) distribute all program money in the manner

provided by Section 162.759;

(4) give each donor a receipt for money donated to the

certified organization that includes the name of the certified

organization, the name of the donor, the amount of the donation, and

any other information required by the comptroller; and

(5) of the amount of money received from donations

made by donors for the purpose of providing post adoption

assistance:

(A) distribute not less than 97 percent in the

form of post adoption assistance accounts; and

(B) use not more than three percent to pay

expenses of operating the organization.

(b) A certified organization may not provide post adoption

assistance accounts in a manner that does not comply with Section

162.759.

Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller

shall revoke a certification under Section 162.753 if the

comptroller finds that a certified organization:

(1) is not in compliance with the requirements of

Section 162.755; or

(2) otherwise intentionally and substantially

violates this subchapter.

Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible

for a post adoption assistance account if the person:

(1) resides in this state on the date the post adoption

assistance account is established;

(2) is an adoptive parent under an adoption order

granted under Section 162.016 of a child who is younger than 18

years old on September 1 of the state fiscal year in which the post

adoption assistance account is established;

(3) is an adoptive parent of a child who is adopted out

of the Texas state foster care system;

(4) continues to reside in the state of Texas for more

than six months out of each calendar year that the post adoption

assistance account is utilized;

(5) ends the adopted child's post adoption assistance

account when the child turns eighteen or acquires a G.E.D. or High

School Diploma;

(6) carries over no more than 50% of the yearly

assistant account balance each year;

(7) uses the assistant account for approved

expenditures;

(8) alerts the certified organization if the family is

no longer eligible for the assistant account.

Sec. 162.758. MAXIMUM AMOUNT OF YEARLY ACCOUNT. The

maximum amount of a post adoption assistance account to be accessed

per year is:

(1) $2,000 for a child for which an eligible parent or

parents has adopted one child from the Texas foster care system;

(2) $1500 for each child in a family for which an

eligible parent or parents has adopted more than one child or

sibling group from the Texas foster care system.

Sec. 162.759. APPLICATION; ELIGIBLE USE; ESTABLISHMENT OF

ASSISTANT ACCOUNTS. Each state fiscal year, a certified

organization shall credit each post adoption assistance account, as

determined by the organization based on available funds, to

eligible parents who apply to the comptroller in the manner

prescribed by comptroller rule for the following use:

(1) post adoption behavioral therapies, psychological

therapies, specialized tutoring;

(2) transportation to visit non adopted siblings and

biological family members;

(3) expenses related to supporting open adoption

agreements;

(4) therapeutic summer camps and retreats;

(5) equine and music therapies;

(6) respite;

(7) transportation to therapeutic activities

(8) other therapeutic therapies and activities.

Sec. 162.760. STATE MATCHING FUNDS. A certified

organization that provides money for a post adoption assistance

accounts under this subchapter is entitled to state matching funds

to be used by the certified organization as additional money for the

assistance accounts. If the comptroller determines that the amount

appropriated to the comptroller for a state fiscal year is not

sufficient to match all assistance accounts under this subchapter,

the comptroller shall continue to perform the comptroller's other

duties under this subchapter without matching assistance accounts

by a certified organization.

Sec. 162.761. RULES; PROCEDURES. The comptroller shall

adopt rules and procedures to implement, administer, and enforce

this subchapter.

SECTION 2. This Act takes effect September 1, 2025.