Gervin-Hawkins Bill Limits Removals From Relatives, With Two Exceptions

The text as introduced · 877 words

89R3640 MM-D

By: Gervin-Hawkins
H.B. No. 741

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 of Family

and Protective Services 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 of

Family and Protective Services 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, 2025.