bill creating a license for relative caregivers

The text as introduced · 492 words

89R3093 MM-D

By: Menéndez
S.B. No. 545

A BILL TO BE ENTITLED

AN ACT

relating to the licensing of relative or other designated

caregivers by the Department of Family and Protective Services and

monetary assistance provided to certain relative or designated

caregivers.

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

SECTION 1. Sections 264.755(a) and (a-1), Family Code, are

amended to read as follows:

(a) Except as provided by Section 264.760(b), the [ 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.

(a-1) When a relative or other designated caregiver enters

into a caregiver assistance agreement under Subsection (a), the

department shall inform the caregiver of:

(1) the option to become verified by a licensed

child-placing agency to operate an agency foster home, if

applicable; [ and ]

(2) the licensing procedures provided under Section

42.0539, Human Resources Code; and

(3) the permanency care assistance program under

Subchapter K.

SECTION 2. Section 264.760, Family Code, is amended to read

as follows:

Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND

PERMANENCY CARE ASSISTANCE. (a) Notwithstanding any other

provision of this subchapter, a relative or other designated

caregiver [ who becomes verified by a licensed child-placing agency

to operate an agency foster home under Chapter 42, Human Resources

Code, ] may receive foster care payments in lieu of the benefits

provided by this subchapter if the caregiver:

(1) becomes verified by a licensed child-placing

agency to operate an agency foster home under Chapter 42, Human

Resources Code; or

(2) obtains a license under Section 42.0539, Human

Resources Code.

(b) The relative or other designated caregiver may receive

foster care payments under this section [ , ] beginning with the first

month in which the [ relative or other designated ] caregiver becomes

licensed or is verified.

SECTION 3. Section 264.852, Family Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) A kinship provider who receives foster care payments

as provided by Section 264.760 is not eligible for permanency care

assistance benefits under this subchapter.

SECTION 4. Subchapter C, Chapter 42, Human Resources Code,

is amended by adding Section 42.0539 to read as follows:

Sec. 42.0539. LICENSE FOR RELATIVE AND DESIGNATED

CAREGIVERS. (a) The executive commissioner by rule shall adopt a

procedure to issue a license to a relative or other designated

caregiver, as defined by Section 264.751, Family Code, that allows

the caregiver to receive foster care payments under Section

264.760, Family Code.

(b) The procedure must require the caregiver to meet the

basic safety requirements provided by the executive commissioner

rule to ensure the safety of the child.

SECTION 5. This Act takes effect September 1, 2025.