Bill Text: TX HB1221 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to providing financial assistance to certain kinship caregivers.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-01 - Referred to Human Services [HB1221 Detail]
Download: Texas-2011-HB1221-Introduced.html
| 82R4511 SJM-F | ||
| By: Miles | H.B. No. 1221 | |
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| relating to providing financial assistance to certain kinship | ||
| caregivers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 31, Human Resources Code, | ||
| is amended by adding Section 31.0042 to read as follows: | ||
| Sec. 31.0042. KINSHIP CARE SUPPORT PROGRAM. (a) To the | ||
| extent funds are appropriated for this purpose, the department | ||
| shall establish a kinship care support program to provide financial | ||
| assistance to kinship caregivers using funds available for that | ||
| purpose under the federal Temporary Assistance for Needy Families | ||
| block grant. | ||
| (b) A person is considered a kinship caregiver for purposes | ||
| of the program and, except as provided by Subsection (d), is | ||
| eligible for financial assistance through the kinship care support | ||
| program if the person applies for that assistance and: | ||
| (1) is a grandparent, step-grandparent, aunt, uncle, | ||
| or other adult relative within the fifth degree of consanguinity or | ||
| affinity of a dependent child who resides in the person's | ||
| household, but is not the person's child; | ||
| (2) except as provided by Subsection (c), has been | ||
| appointed as the temporary or permanent managing conservator or the | ||
| guardian of the person of the dependent child; | ||
| (3) has an annual household income that is less than | ||
| 130 percent of the federal poverty level; | ||
| (4) does not have either of the dependent child's | ||
| parents residing in the person's household; and | ||
| (5) agrees to pursue the entry of a child support order | ||
| or the enforcement of an existing child support order against the | ||
| dependent child's parents with the assistance of the Title IV-D | ||
| agency, if applicable. | ||
| (c) A person who has not been appointed as the temporary or | ||
| permanent managing conservator or the guardian of the person of a | ||
| dependent child but who otherwise meets the requirements of | ||
| Subsections (b)(1), (3), (4), and (5) is considered a kinship | ||
| caregiver and is eligible for financial assistance through the | ||
| kinship care support program if the person seeks to be appointed the | ||
| child's conservator or guardian. The person is ineligible for | ||
| continued financial assistance through the program if, on the first | ||
| anniversary of the date the person begins receiving financial | ||
| assistance through the program, the person has not been appointed | ||
| the child's conservator or guardian. | ||
| (d) A person who is convicted of a felony offense, an | ||
| element of which is the possession, use, or distribution of a | ||
| controlled substance, as that term is defined by 21 U.S.C. Section | ||
| 802, is not eligible for financial assistance through the kinship | ||
| care support program until the later of: | ||
| (1) the first anniversary of the date the person was | ||
| finally convicted of the offense; or | ||
| (2) if the person is confined in a state or federal | ||
| correctional facility as a result of the conviction, the first | ||
| anniversary of the date the person is released from that | ||
| confinement. | ||
| (e) The amount of financial assistance provided through the | ||
| kinship care support program on a monthly basis for each dependent | ||
| child must be at least equal to the amount of the monthly foster | ||
| care payment that would be paid to a foster parent for the child if | ||
| the child were in foster care. | ||
| (f) A determination that a person is ineligible for | ||
| financial assistance provided through the kinship care support | ||
| program does not affect the person's eligibility for other | ||
| financial assistance available under this chapter. | ||
| (g) The executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules regarding: | ||
| (1) any other eligibility requirements that are | ||
| reasonably necessary to: | ||
| (A) administer the kinship care support program | ||
| in accordance with this section and any applicable federal law; | ||
| (B) promote the safety and best interests of | ||
| dependent children for whom assistance is provided under the | ||
| program; and | ||
| (C) establish procedures for a redetermination | ||
| of a person's status as a kinship caregiver and eligibility for | ||
| assistance through the program not less frequently than annually; | ||
| (2) whether a person may receive assistance under both | ||
| this section and Section 31.0041; and | ||
| (3) subject to Subsection (e), the amount of the | ||
| assistance provided through the program. | ||
| SECTION 2. Not later than November 1, 2011, the Health and | ||
| Human Services Commission shall establish the kinship care support | ||
| program under Section 31.0042, Human Resources Code, as added by | ||
| this Act. | ||
| SECTION 3. If before implementing any provision of this Act | ||
| a state agency determines that a 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 4. This Act takes effect September 1, 2011. | ||
