Relating to the payment of support rights and other benefits for a child in the conservatorship of the Department of Family and Protective Services.

89(R) HB 215 - Engrossed version - Bill Text

By: Guillen, Toth, Rodríguez Ramos,

H.B. No. 215

Morales of Harris, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the payment of support rights and other benefits for a

child in the conservatorship of the Department of Family and

Protective Services.

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

SECTION 1. Subchapter A, Chapter 264, Family Code, is

amended by adding Section 264.0112 to read as follows:

Sec.

264.0112.

NOTICE REGARDING CERTAIN BENEFITS FOR WHICH

DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR

CHILD. (a) In this section, "legal representative" means the

child's attorney, the child's attorney ad litem, or another

individual appointed by a court to represent the legal interests of

the child.

(b)

For a child in the department's conservatorship who

receives or is eligible to receive benefits or services for which a

representative payee or fiduciary is required, the department shall

immediately provide notice to the child through the child's legal

representative regarding:

(1)

any application for United States Department of

Veterans Affairs benefits, Supplemental Security Income (SSI)

benefits under 42 U.S.C. Section 1381 et seq., or Social Security

Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et

seq. made on the child's behalf;

(2)

if the department serves as the representative

payee or in any other fiduciary capacity for the child, any

application to become representative payee for the child's United

States Department of Veterans Affairs benefits, Supplemental

Security Income (SSI) benefits under 42 U.S.C. Section 1381 et

seq., or Social Security Disability Insurance (SSDI) benefits under

42 U.S.C. Section 401 et seq.;

(3)

any decisions or communications from the United

States Department of Veterans Affairs or the Social Security

Administration regarding an application described by Subdivision

(1); and

(4)

any appeal or other action requested by the

department regarding an application for benefits described by

Subdivision (1).

(c)

If the department serves as the representative payee or

otherwise receives United States Department of Veterans Affairs

benefits, Supplemental Security Income (SSI) benefits under 42

U.S.C. Section 1381 et seq., or Social Security Disability

Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the

child's behalf, the department shall provide the following

information to the child through the child's legal representative

before each placement review hearing:

(1)

the amount of benefit funds received on the child's

behalf since the most recent notification to the child's legal

representative and the date the benefits were received;

(2)

information regarding the child's assets and

resources, including the child's benefits, insurance, cash assets,

trust accounts, earnings, and other resources;

(3)

an accounting of the disbursement of benefit

funds, including the date, amount, and identification of the payee;

and

(4)

information regarding each request by the court

appointed special advocate for the child, the child's legal

representative, or the child's caregiver for disbursement of funds

and a statement regarding the department's reason for not granting

the request if the request was not granted.

SECTION 2. Section 264.109(a), Family Code, is amended to

read as follows:

(a)
Except as provided by Section 264.763, the
[
The
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placement of a child in substitute care by the department

constitutes an assignment to the state of any support rights

attributable to the child as of the date the child is placed in

substitute care.

SECTION 3. Subchapter I, Chapter 264, Family Code, is

amended by adding Section 264.763 to read as follows:

Sec.

264.763.

PAYMENT OF CHILD'S SUPPORT RIGHTS AND

BENEFITS. A relative or other designated caregiver is eligible to

receive support and benefits, including monthly benefits, on behalf

of a child placed with the person by the department. The department

shall pass through to the relative or other designated caregiver:

(1) any support rights attributable to the child; and

(2)

payments to which the child is entitled or that are

paid for the benefit of the child, including Supplemental Security

Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.

SECTION 4. This Act takes effect September 1, 2025.