Bill Text: TX HB1620 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to a voluntary temporary caregiver program providing temporary care for children removed from their homes.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2017-05-09 - Placed on General State Calendar [HB1620 Detail]
Download: Texas-2017-HB1620-Comm_Sub.html
85R20044 MCK-D | |||
By: Sanford, Burkett, Miller, Minjarez, | H.B. No. 1620 | ||
et al. | |||
Substitute the following for H.B. No. 1620: | |||
By: Miller | C.S.H.B. No. 1620 |
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relating to a voluntary temporary caregiver program providing | ||
temporary care for children removed from their homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 262, Family Code, is | ||
amended by adding Sections 262.1041 and 262.1042 to read as | ||
follows: | ||
Sec. 262.1041. VOLUNTARY TEMPORARY CAREGIVER PROGRAM. (a) | ||
The Department of Family and Protective Services shall create a | ||
program that allows a child who is removed from the child's home | ||
under this chapter to be placed in the care of an individual | ||
approved as a voluntary temporary caregiver under this section. | ||
(b) The department shall establish an application and | ||
verification process to approve individuals to serve as voluntary | ||
temporary caregivers. The department's verification process must: | ||
(1) include a background and criminal history record | ||
check of each caregiver; | ||
(2) verify the caregiver: | ||
(A) has a home with adequate sleeping space for | ||
each child placed with the caregiver; | ||
(B) has six or fewer children in the caregiver's | ||
home, including the caregiver's own children and any children for | ||
whom the caregiver provides day care; | ||
(C) agrees to nonphysical discipline; | ||
(D) has had all pets in the caregiver's home | ||
vaccinated; and | ||
(E) maintains and submits to the department proof | ||
of current certification in first aid and cardiopulmonary | ||
resuscitation issued by the American Red Cross, the American Heart | ||
Association, or another organization that provides equivalent | ||
training and certification; | ||
(3) require each member of the caregiver's household | ||
to undergo a screening test for tuberculosis infection approved by | ||
the executive commissioner of the Health and Human Services | ||
Commission; and | ||
(4) include any other administrative procedure the | ||
department determines is necessary to ensure the caregiver will | ||
provide a safe home for the child. | ||
(c) The department shall require each voluntary temporary | ||
caregiver to receive four hours of training relating to child | ||
development and disciplinary techniques for children who are | ||
classified above a basic service level. A caregiver who applies to | ||
become a licensed or verified foster home shall receive a credit of | ||
four hours toward the training hours required by Section 42.0537, | ||
Human Resources Code, for a person to become a licensed or verified | ||
foster home. | ||
(d) A voluntary temporary caregiver must agree to care for a | ||
child placed with the caregiver for at least 14 days. | ||
(e) Except as provided by Subsection (f), a child may be | ||
placed with a voluntary temporary caregiver for not more than 14 | ||
days after the date the child is removed from the child's home. | ||
(f) If the child's caseworker determines that it is in the | ||
child's best interest for the child to remain in the care of the | ||
voluntary temporary caregiver for more than 14 days, the caseworker | ||
may, if the voluntary temporary caregiver agrees: | ||
(1) allow the child to remain in the care of the | ||
voluntary temporary caregiver; | ||
(2) designate the voluntary temporary caregiver as the | ||
caregiver of the child under a parental child safety placement | ||
agreement in accordance with Subchapter L, Chapter 264; or | ||
(3) designate the voluntary temporary caregiver as a | ||
designated caregiver of the child in accordance with Subchapter I, | ||
Chapter 264. | ||
(g) A voluntary temporary caregiver with whom a child is | ||
placed under this section is not entitled to any reimbursement for | ||
the care the caregiver provides for the child. | ||
(h) A voluntary temporary caregiver is not liable for the | ||
cost of any medical care the child receives while the child is | ||
placed with the caregiver. The cost of any medical care shall be | ||
covered by the existing health insurance provided for the child. | ||
(i) A voluntary temporary caregiver shall ensure that the | ||
child: | ||
(1) continues to attend the school in which the child | ||
was enrolled immediately before the child was removed from the | ||
child's home; or | ||
(2) attends another school chosen by the child's | ||
caseworker if the child's caseworker determines that it is unsafe | ||
for the child to continue to attend the school in which the child | ||
was enrolled immediately before the child was removed from the | ||
child's home. | ||
(j) The department shall publicize the voluntary temporary | ||
caregiver program and notify the parents of a child being removed | ||
from the child's home whether the child will be placed with a | ||
voluntary temporary caregiver. | ||
(k) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement this | ||
section. | ||
Sec. 262.1042. RELEASE OF CHILD BY LAW ENFORCEMENT OR | ||
JUVENILE PROBATION OFFICER TO VOLUNTARY TEMPORARY CAREGIVER. A law | ||
enforcement or juvenile probation officer who takes possession of a | ||
child under this chapter may release the child to a voluntary | ||
temporary caregiver approved under Section 262.1041. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement the | ||
changes in law made by this Act; and | ||
(2) the Department of Family and Protective Services | ||
shall implement the voluntary temporary caregiver program as | ||
required by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |