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AN ACT
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relating to suits affecting the parent-child relationship, |
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including temporary orders, orders for modification, adoption |
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assistance, and foster care. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 154.062(c), Family Code, is amended to |
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read as follows: |
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�������(c)��Resources do not include: |
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�������������(1)��return of principal or capital; |
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�������������(2)��accounts receivable; [or] |
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�������������(3)��benefits paid in accordance with the Temporary |
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Assistance for Needy Families program; or |
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�������������(4)��payments for foster care of a child�[aid for
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families with dependent children]. |
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�������SECTION�2.��Section 156.006(b), Family Code, is amended to |
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read as follows: |
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�������(b)��While a suit for modification is pending, the court may |
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not render a temporary order that has the effect of changing the |
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designation of the person who has the exclusive right to designate |
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the primary residence of the child under the final order unless the |
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temporary order is in the best interest of the child and: |
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�������������(1)��the order is necessary because the child's present |
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circumstances would significantly impair the child's physical |
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health or emotional development; |
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�������������(2)��the person designated in the final order has |
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voluntarily relinquished the primary care and possession of the |
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child for more than six months [and the temporary order is in the
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best interest of the child]; or |
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�������������(3)��the child is 12 years of age or older and has |
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expressed to [filed with] the court in chambers as provided by |
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Section 153.009 [in writing] the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child [and the temporary order designating
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that person is in the best interest of the child]. |
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�������SECTION�3.��Section 156.101, Family Code, is amended to read |
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as follows: |
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�������Sec.�156.101.��GROUNDS FOR MODIFICATION OF ORDER |
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ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. �The court |
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may modify an order that provides for the appointment of a |
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conservator of a child, that provides the terms and conditions of |
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conservatorship, or that provides for the possession of or access |
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to a child if modification would be in the best interest of the |
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child and: |
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�������������(1)��the circumstances of the child, a conservator, or |
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other party affected by the order have materially and substantially |
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changed since the earlier of: |
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�������������������(A)��the date of the rendition of the order; or |
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�������������������(B)��the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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�������������(2)��the child is at least 12 years of age and has |
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expressed to [filed with] the court in chambers as provided by |
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Section 153.009�[, in writing,] the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child; or |
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�������������(3)��the conservator who has the exclusive right to |
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designate the primary residence of the child has voluntarily |
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relinquished the primary care and possession of the child to |
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another person for at least six months. |
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�������SECTION�4.��Section 162.3041, Family Code, is amended by |
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adding Subsection (a-1) and amending Subsection (d) to read as |
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follows: |
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�������(a-1)��Notwithstanding Subsection (a), if the department |
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first entered into an adoption assistance agreement with a child's |
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adoptive parents after the child's 16th birthday, the department |
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shall, in accordance with rules adopted by the executive |
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commissioner of the Health and Human Services Commission, offer |
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adoption assistance after the child's 18th birthday to the child's |
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adoptive parents under an existing adoption agreement until the |
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last day of the month of the child's 21st birthday, provided the |
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child is: |
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�������������(1)��regularly attending high school or enrolled in a |
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program leading toward a high school diploma or high school |
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equivalency certificate; |
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�������������(2)��regularly attending an institution of higher |
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education or a postsecondary vocational or technical program; |
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�������������(3)��participating in a program or activity that |
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promotes, or removes barriers to, employment; |
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�������������(4)��employed for at least 80 hours a month; or |
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�������������(5)��incapable of doing any of the activities described |
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by Subdivisions (1)-(4) due to a documented medical condition. |
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�������(d)��If the legislature does not appropriate sufficient |
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money to provide adoption assistance to the adoptive parents of all |
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children described by Subsection (a), the department shall provide |
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adoption assistance only to the adoptive parents of children |
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described by Subsection (a)(1). The department is not required to |
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provide adoption assistance benefits under Subsection (a-1) unless |
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the department is specifically appropriated funds for purposes of |
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that subsection. |
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�������SECTION�5.��Subchapter A, Chapter 264, Family Code, is |
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amended by adding Section 264.015 to read as follows: |
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�������Sec.�264.015.��TRAINING. The department shall include |
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training in trauma-informed programs and services in any training |
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the department provides to foster parents, adoptive parents, |
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kinship caregivers, and department caseworkers. The department |
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shall pay for the training provided under this section with gifts, |
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donations, and grants and any federal money available through the |
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Fostering Connections to Success and Increasing Adoptions Act of |
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2008 (Pub. L. No. 110-351). |
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�������SECTION�6.��Section 264.101, Family Code, is amended by |
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amending Subsections (a-1) and (d) and adding Subsection (a-2) to |
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read as follows: |
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�������(a-1)��The department shall continue to pay the cost of |
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foster care for a child for whom the department provides care, |
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including medical care, until the last day of the month in which |
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[later of:
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�������������[(1)��the date] the child attains the age of 18. The |
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department shall continue to pay the cost of foster care for a child |
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after the month in which the child attains the age of 18 as long as |
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the child is: |
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�������������(1)��regularly attending[; or
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�������������[(2)��the date the child graduates from] high school or |
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[ceases to be] enrolled in a [secondary school in a] program leading |
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toward a high school diploma or high school equivalency |
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certificate; |
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�������������(2)��regularly attending an institution of higher |
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education or a postsecondary vocational or technical program; |
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�������������(3)��participating in a program or activity that |
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promotes, or removes barriers to, employment; |
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�������������(4)��employed for at least 80 hours a month; or |
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�������������(5)��incapable of performing the activities described |
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by Subdivisions (1)-(4) due to a documented medical condition. |
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�������(a-2)��The department shall continue to pay the cost of |
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foster care under: |
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�������������(1)��Subsection (a-1)(1) until the last day of the |
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month in which the child attains the age of 22; and |
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�������������(2)��Subsections (a-1)(2)-(5) until the last day of the |
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month the child attains the age of 21. |
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�������(d)��The executive commissioner of the Health and Human |
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Services Commission may adopt rules that establish criteria and |
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guidelines for the payment of foster care, including medical care, |
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for a child and for providing care for a child after the child |
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becomes 18 years of age if the child meets the requirements for |
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continued foster care under Subsection (a-1) [is regularly
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attending an institution of higher education or a vocational or
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technical program]. |
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�������SECTION�7.��Sections 264.751(1) and (3), Family Code, are |
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amended to read as follows: |
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�������������(1)��"Designated caregiver" means an individual who has |
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a longstanding and significant relationship with a child for whom |
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the department has been appointed managing conservator and who: |
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�������������������(A)��is appointed to provide substitute care for |
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the child, but is not licensed by the department or verified by a |
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licensed child-placing agency or the department [certified] to |
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operate a foster home, foster group home, agency foster home, or |
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agency foster group home under Chapter 42, Human Resources Code; or |
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�������������������(B)��is subsequently appointed permanent managing |
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conservator of the child after providing the care described by |
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Paragraph (A). |
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�������������(3)��"Relative caregiver" means a relative who: |
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�������������������(A)��provides substitute care for a child for whom |
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the department has been appointed managing conservator, but who is |
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not licensed by the department or verified by a licensed |
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child-placing agency or the department [certified] to operate a |
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foster home, foster group home, agency foster home, or agency |
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foster group home under Chapter 42, Human Resources Code; or |
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�������������������(B)��is subsequently appointed permanent managing |
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conservator of the child after providing the care described by |
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Paragraph (A). |
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�������SECTION�8.��Subchapter I, Chapter 264, Family Code, is |
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amended by adding Section 264.760 to read as follows: |
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�������Sec.�264.760.��ELIGIBILITY FOR FOSTER CARE PAYMENTS AND |
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PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of |
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this subchapter, a relative or other designated caregiver who |
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becomes licensed by the department or verified by a licensed |
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child-placing agency or the department to operate a foster home, |
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foster group home, agency foster home, or agency foster group home |
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under Chapter 42, Human Resources Code, may receive foster care |
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payments in lieu of the benefits provided by this subchapter, |
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beginning with the first month in which the relative or other |
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designated caregiver becomes licensed or is verified. |
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�������SECTION�9.��Chapter 264, Family Code, is amended by adding |
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Subchapter K to read as follows: |
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SUBCHAPTER K. PERMANENCY CARE ASSISTANCE PROGRAM |
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�������Sec.�264.851.��DEFINITIONS. In this subchapter: |
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�������������(1)��"Foster child" means a child who is or was in the |
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temporary or permanent managing conservatorship of the department. |
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�������������(2)��"Kinship provider" means a relative of a foster |
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child, or another adult with a longstanding and significant |
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relationship with a foster child before the child was placed with |
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the person by the department, with whom the child resides for at |
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least six consecutive months after the person becomes licensed by |
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the department or verified by a licensed child-placing agency or |
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the department to provide foster care. |
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�������������(3)��"Permanency care assistance agreement" means a |
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written agreement between the department and a kinship provider for |
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the payment of permanency care assistance benefits as provided by |
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this subchapter. |
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�������������(4)��"Permanency care assistance benefits" means |
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monthly payments paid by the department to a kinship provider under |
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a permanency care assistance agreement. |
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�������������(5)��"Relative" means a person related to a foster |
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child by consanguinity or affinity. |
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�������Sec.�264.852.��PERMANENCY CARE ASSISTANCE AGREEMENTS. (a) � |
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The department shall enter into a permanency care assistance |
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agreement with a kinship provider who is eligible to receive |
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permanency care assistance benefits. |
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�������(b)��The department may enter into a permanency care |
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assistance agreement with a kinship provider who is the prospective |
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managing conservator of a foster child only if the kinship provider |
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meets the eligibility criteria under federal and state law and |
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department rule. |
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�������(c)��A court may not order the department to enter into a |
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permanency care assistance agreement with a kinship provider unless |
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the kinship provider meets the eligibility criteria under federal |
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and state law and department rule, including requirements relating |
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to the criminal history background check of a kinship provider. |
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�������(d)��A permanency care assistance agreement may provide for |
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reimbursement of the nonrecurring expenses a kinship provider |
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incurs in obtaining permanent managing conservatorship of a foster |
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child, including attorney's fees and court costs. The |
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reimbursement of the nonrecurring expenses under this subsection |
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may not exceed $2,000. |
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�������Sec.�264.853.��RULES. The executive commissioner shall |
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adopt rules necessary to implement the permanency care assistance |
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program. The rules must: |
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�������������(1)��establish eligibility requirements to receive |
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permanency care assistance benefits under the program; and |
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�������������(2)��ensure that the program conforms to the |
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requirements for federal assistance as required by the Fostering |
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Connections to Success and Increasing Adoptions Act of 2008 (Pub. |
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L. No. 110-351). |
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�������Sec.�264.854.��MAXIMUM PAYMENT AMOUNT. The executive |
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commissioner shall set the maximum monthly amount of assistance |
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payments under a permanency care assistance agreement in an amount |
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that does not exceed the amount of the monthly foster care |
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maintenance payment the department would pay to a foster care |
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provider caring for the child for whom the kinship provider is |
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caring. |
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�������Sec.�264.855.��CONTINUED ELIGIBILITY FOR PERMANENCY CARE |
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ASSISTANCE BENEFITS AFTER AGE 18. If the department first entered |
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into a permanency care assistance agreement with a foster child's |
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kinship provider after the child's 16th birthday, the department |
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may continue to provide permanency care assistance payments until |
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the last day of the month of the child's 21st birthday, provided the |
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child is: |
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�������������(1)��regularly attending high school or enrolled in a |
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program leading toward a high school diploma or high school |
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equivalency certificate; |
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�������������(2)��regularly attending an institution of higher |
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education or a postsecondary vocational or technical program; |
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�������������(3)��participating in a program or activity that |
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promotes, or removes barriers to, employment; |
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�������������(4)��employed for at least 80 hours a month; or |
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�������������(5)��incapable of any of the activities described by |
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Subdivisions (1)-(4) due to a documented medical condition. |
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�������Sec.�264.856.��APPROPRIATION REQUIRED. The department is |
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not required to provide permanency care assistance benefits under |
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this subchapter unless the department is specifically appropriated |
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money for purposes of this subchapter. |
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�������SECTION�10.��Section 153.008, Family Code, is repealed. |
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�������SECTION�11.��The change in law made by this Act to Section |
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154.062(c), Family Code, applies only to a proceeding to establish |
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or modify a child support obligation that is pending in a trial |
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court on or filed on or after the effective date of this Act. |
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�������SECTION�12.��The changes in law made by this Act by the |
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amendment of Sections 156.006(b) and 156.101, Family Code, apply to |
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a suit for modification filed on or after the effective date of this |
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Act. �A suit for modification filed before that date is governed by |
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the law in effect on the date the suit was filed, and the former law |
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is continued in effect for that purpose. |
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�������SECTION�13.��(a) �Not later than April 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement and administer the changes to Sections |
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162.3041 and 264.101, Family Code, as amended by this Act, and |
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Subchapter K, Chapter 264, Family Code, as added by this Act. |
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�������(b)��The rules adopted under Subsection (a) of this section |
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shall provide that no payment for adoption assistance or permanency |
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care assistance can be paid on behalf of a child over the age of 17 |
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for any month prior to October 1, 2010. |
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�������(c)��The rules adopted under Subsection (a) of this section |
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shall provide that no payment of foster care benefits can be made |
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under the amendments to Section 264.101, Family Code, with respect |
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to a child over the age of 17 for any month prior to October 1, 2010, |
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unless the child was eligible for foster care benefits after age 17 |
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under the law and rules as they existed prior to the effective date |
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of this Act. |
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�������SECTION�14.��If before implementing any provision of this |
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Act a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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�������SECTION�15.��This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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�������SECTION�16.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 1151 was passed by the House on May 5, |
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2009, by the following vote:��Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1151 on May 29, 2009, by the following vote:��Yeas 141, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1151 was passed by the Senate, with |
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amendments, on May 23, 2009, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |