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.