| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of the Texas Post-adoption Assistance |
|
|
Program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 162, Family Code, is amended by adding |
|
|
Subchapter I to read as follows: |
|
|
SUBCHAPTER I. TEXAS POST-ADOPTION ASSISTANCE PROGRAM |
|
|
Sec. 162.751. DEFINITIONS. In this subchapter: |
|
|
(1) "Certified organization" means an organization |
|
|
certified under Section 162.753. |
|
|
(2) "Eligible parent" means a parent who meets the |
|
|
requirements of Section 162.757. |
|
|
(3) "Post-adoption assistance grant" means a Texas |
|
|
Post-adoption Assistance Program grant awarded under Section |
|
|
162.759. |
|
|
(4) "Program money" means money required to be |
|
|
distributed as provided by Section 162.755(a)(5)(A). |
|
|
Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION; |
|
|
PURPOSE. The comptroller shall establish and administer the Texas |
|
|
Post-adoption Assistance Program for the purpose of encouraging the |
|
|
adoption of children in this state's foster care system by |
|
|
providing adoptive parents with private sector and public |
|
|
assistance with post-adoption-related expenses. |
|
|
Sec. 162.753. CERTIFICATION OF ORGANIZATIONS; |
|
|
PARTICIPATION IN PROGRAM. (a) The comptroller shall select and |
|
|
certify organizations that meet the eligibility requirements of |
|
|
Section 162.754 to participate in the Texas Post-adoption |
|
|
Assistance Program. |
|
|
(b) A certified organization may solicit and accept |
|
|
donations and award post-adoption assistance grants in this state |
|
|
under the conditions and limitations provided by this subchapter. |
|
|
(c) The comptroller shall solicit applications and select |
|
|
and approve new certified organizations on an ongoing basis to meet |
|
|
the needs in this state. |
|
|
Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATION |
|
|
APPLYING FOR CERTIFICATION. (a) An organization may apply to the |
|
|
comptroller for certification under Section 162.753. |
|
|
(b) An organization is eligible for certification by the |
|
|
comptroller only if: |
|
|
(1) the organization is exempt from federal tax under |
|
|
Section 501(a), Internal Revenue Code of 1986, by being listed as an |
|
|
exempt organization in Section 501(c)(3) of that code and meeting |
|
|
all other applicable requirements for that exemption; |
|
|
(2) the organization's mission includes providing |
|
|
services or other assistance to families, women, or children; and |
|
|
(3) the organization agrees to, if certified: |
|
|
(A) in partnership with the state, assist |
|
|
eligible parents with the payment of post-adoption-related |
|
|
expenses; and |
|
|
(B) be independently audited on an annual basis |
|
|
and file the audit report with the comptroller. |
|
|
Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a) |
|
|
A certified organization shall: |
|
|
(1) comply at all times with the eligibility |
|
|
requirements under Section 162.754(b); |
|
|
(2) submit to an annual independent audit under |
|
|
guidelines provided by the comptroller and file the audit report |
|
|
with the comptroller; |
|
|
(3) distribute all program money in the manner |
|
|
provided by Sections 162.759 and 162.761; |
|
|
(4) give each donor a receipt for money donated to the |
|
|
certified organization that includes the name of the certified |
|
|
organization, the name of the donor, the amount of the donation, and |
|
|
any other information required by the comptroller; and |
|
|
(5) of the amount of money received from donations |
|
|
made by donors for the purpose of providing post-adoption |
|
|
assistance grants: |
|
|
(A) distribute not less than 97 percent in the |
|
|
form of post-adoption assistance grants; and |
|
|
(B) use not more than three percent to pay |
|
|
expenses of operating the organization. |
|
|
(b) A certified organization may not provide post-adoption |
|
|
assistance grants in a manner that does not comply with Sections |
|
|
162.759 and 162.761. |
|
|
Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller |
|
|
shall revoke a certification under Section 162.753 if the |
|
|
comptroller finds that a certified organization: |
|
|
(1) is not in compliance with the requirements of |
|
|
Section 162.755; or |
|
|
(2) otherwise intentionally and substantially |
|
|
violates this subchapter. |
|
|
Sec. 162.757. INITIAL ELIGIBILITY REQUIREMENTS FOR PARENT. |
|
|
A person is eligible for a post-adoption assistance grant for a |
|
|
state fiscal year only if the person: |
|
|
(1) resides in this state on the date the |
|
|
post-adoption assistance grant is awarded; |
|
|
(2) is an adoptive parent of a child under an adoption |
|
|
order rendered under Section 162.016 who: |
|
|
(A) is younger than 18 years old on September 1 of |
|
|
the state fiscal year in which the post-adoption assistance grant |
|
|
is awarded; and |
|
|
(B) resided in this state as part of this state's |
|
|
foster care system; and |
|
|
(3) enters into an agreement with a certified |
|
|
organization under which the person agrees to: |
|
|
(A) continue to reside in this state for not less |
|
|
than six months of each state fiscal year in which the person is |
|
|
awarded a post-adoption assistance grant; |
|
|
(B) use grant money only for expenditures allowed |
|
|
under Section 162.762; and |
|
|
(C) notify the certified organization if the |
|
|
person is no longer eligible for the grant. |
|
|
Sec. 162.758. MAXIMUM GRANT AMOUNT. The maximum amount of a |
|
|
post-adoption assistance grant awarded for a state fiscal year is: |
|
|
(1) for an eligible parent or parents who adopt a |
|
|
single child, $2,000; and |
|
|
(2) for an eligible parent or parents who adopt more |
|
|
than one child, $1,500 for each child. |
|
|
Sec. 162.759. APPLICATION; AWARD OF GRANT. Each state |
|
|
fiscal year, a certified organization shall award a number of |
|
|
post-adoption assistance grants, as determined by the organization |
|
|
based on available program money, to eligible parents who apply to |
|
|
the comptroller in the manner prescribed by comptroller rule. |
|
|
Sec. 162.760. CONTINUING ELIGIBILITY OF PARENT. A person |
|
|
who is awarded a post-adoption assistance grant for a state fiscal |
|
|
year is eligible for a post-adoption assistance grant in a |
|
|
subsequent state fiscal year if the person continues to satisfy the |
|
|
eligibility criteria prescribed by Section 162.757, except that the |
|
|
person may not be awarded a post-adoption assistance grant for a |
|
|
child after the earlier of: |
|
|
(1) the child's 18th birthday; or |
|
|
(2) the date the child receives a high school diploma |
|
|
or a high school equivalency certificate. |
|
|
Sec. 162.761. PROGRAM MONEY DISBURSEMENT AND |
|
|
ADMINISTRATION. (a) The comptroller by rule shall adopt and |
|
|
administer a method by which: |
|
|
(1) each post-adoption assistance grant recipient is |
|
|
provided with an account from which the recipient may withdraw or |
|
|
use grant money to pay for expenditures allowed under Section |
|
|
162.762; and |
|
|
(2) a certified organization may credit a |
|
|
post-adoption assistance grant recipient's account with grant |
|
|
money awarded by the organization. |
|
|
(b) Each state fiscal year, a post-adoption assistance |
|
|
grant recipient may carry over to the next year funds remaining in |
|
|
the recipient's account in an amount not to exceed 50 percent of the |
|
|
amount credited to the account for that state fiscal year. |
|
|
Sec. 162.762. ELIGIBLE USE OF GRANT MONEY. A post-adoption |
|
|
assistance grant recipient may use grant money only for expenses |
|
|
related to: |
|
|
(1) post-adoption behavioral therapy, psychological |
|
|
therapy, or specialized tutoring; |
|
|
(2) transportation to allow the child to visit a |
|
|
family member related to the child within the third degree of |
|
|
consanguinity; |
|
|
(3) transportation to a therapeutic activity; |
|
|
(4) supporting an open adoption agreement; |
|
|
(5) therapeutic summer camps or retreats; |
|
|
(6) equine or musical therapy; |
|
|
(7) respite care; or |
|
|
(8) other therapeutic care or activities. |
|
|
Sec. 162.763. STATE MATCHING FUNDS. A certified |
|
|
organization that provides money for a post-adoption assistance |
|
|
grant is entitled to state matching funds to be used by the |
|
|
certified organization as additional money for the grant award. If |
|
|
the comptroller determines that the amount appropriated to the |
|
|
comptroller for a state fiscal year is not sufficient to match all |
|
|
grants awarded under this subchapter, the comptroller shall |
|
|
continue to perform the comptroller's other duties under this |
|
|
subchapter without matching grants awarded by a certified |
|
|
organization. |
|
|
Sec. 162.764. RULES; PROCEDURES. The comptroller shall |
|
|
adopt rules and procedures to implement, administer, and enforce |
|
|
this subchapter. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |