Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services and monetary assistance provided by the Department of Family and Protective Services to certain relative or designated caregivers.

89(R) HB 741 - House Committee Report version - Bill Text

89R25225 MM-D

By: Gervin-Hawkins

H.B. No. 741

Substitute the following for H.B. No. 741:

By: Hull

C.S.H.B. No. 741

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for the removal of certain children in

the managing conservatorship of the Department of Family and

Protective Services and monetary assistance provided by the

Department of Family and Protective Services to certain relative or

designated caregivers.

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

SECTION 1. Subchapter B, Chapter 262, Family Code, is

amended by adding Section 262.117 to read as follows:

Sec.

262.117.

LIMITS ON REMOVAL FROM RELATIVE CAREGIVER.

(a) Except as provided by Subsection (b), the Department of Family

and Protective Services may not take possession of a child under

this subchapter who has been placed with a relative caregiver under

Subchapter I, Chapter 264, whose relationship with the child is

within the fourth degree by consanguinity before the department

has, to the extent applicable:

(1) conducted an investigation;

(2)

provided parental services and resources to the

caregiver; or

(3)

provided warnings or reminders of appropriate

policy to the caregiver.

(b)

Notwithstanding Subsection (a), the Department of

Family and Protective Services may:

(1)

take possession of a child as authorized by

Section 262.102 or 262.104 in the manner prescribed by those

sections;

(2)

remove the child from a placement described by

Subsection (a) if the removal is for the purposes of:

(A) reunifying the child with a parent;

(B)

placing the child with another relative

caregiver under Subchapter I, Chapter 264, in the best interest of

the child; or

(C) complying with a court order; or

(3)

consider removing the child from a placement

described by Subsection (a) if the relative caregiver is

interfering with the parent-child relationship.

(c)

This section may not be construed to interfere with a

relative caregiver's ability to provide notice of the caregiver's

inability to care for a child.

(d)

Notwithstanding any provision of this section, the

Department of Family and Protective Services must employ the

department's existing processes for evaluating the placement of a

child in the department's conservatorship with consideration for

the safety of the child and making placement decisions consistent

with the child's safety and best interest.

SECTION 2. Section 264.755, Family Code, is amended by

amending Subsections (a-1), (d), and (e) and adding Subsection

(d-1) to read as follows:

(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 process by which the caregiver may become

verified as described by Subdivision (1) and the agencies in the

caregiver's local area that are capable of verifying the caregiver;

(3)
the permanency care assistance program under

Subchapter K
, including the amount of additional financial

assistance the caregiver would receive if the caregiver were

verified as described by Subdivision (1); and

(4)

any other financial benefits that may be available

to the caregiver
.

(d)
A relative or other designated caregiver is eligible to

receive monetary assistance or additional support services from the

department for day care as defined by Section 264.124 for a child

who is younger than 13 years of age, or younger than 18 years of age

if the child has a developmental disability, if the caregiver:

(1) is employed at least 20 hours per week;

(2)

has a diagnosed disability that limits the

caregiver's ability to provide full-time child care; or

(3) is older than 65 years of age.

(d-1)
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

qualifies for assistance under Subsection (d) and
[
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
section

[
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-1)
[
(d)
] if the department determines the verification would

prevent an emergency placement that is in the child's best

interest.

SECTION 3. Section 264.755, Family Code, as amended by this

Act, applies to a caregiver assistance agreement entered into

before, on, or after the effective date of this Act.

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