§ 264.755 — CAREGIVER ASSISTANCE AGREEMENT.

Texas § 264.755

• Jurisdiction: Texas
• Code FA: Family Code

Text

See note following this section.
Sec. 264.755. CAREGIVER ASSISTANCE AGREEMENT. (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.
(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 permanency care assistance program under Subchapter K.
(b) The department shall provide monetary assistance under this section to 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 may not exceed 50 percent of the department's daily basic foster care 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.
(b-2) The department shall implement a process to verify the family income of a relative or other designated caregiver for the purpose of determining eligibility to receive monetary assistance under Subsection (b).
(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.
(d) The department, in accordance with department rules, shall implement a process to verify that each relative and designated caregiver who is seeking monetary assistance or additional support services from the department for day care as defined by Section 264.124 for a child under this section has attempted to find appropriate day-care services for the child through community services, including Head Start programs, prekindergarten classes, and early education programs offered in public schools. The department shall specify the documentation the relative or designated caregiver must provide to the department to demonstrate compliance with the requirements established under this subsection. The department may not provide monetary assistance or additional support services to the relative or designated caregiver for the day care unless the department receives the required verification.
(e) The department may provide monetary assistance or additional support services to a relative or designated caregiver for day care without the verification required under Subsection (d) if the department determines the verification would prevent an emergency placement that is in the child's best interest.
(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.
Amendments to this section made by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4 ), take effect on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4 ), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.

Legislative History

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6 ), Sec. 1.62((a)), eff. September 1, 2005. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 423 (S.B. 430 ), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 426 (S.B. 502 ), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 1.202, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4 ), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884 ), Sec. 7, eff. September 1, 2019.