Bill Text: TX SB480 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the Preparation for Adult Living Program and other services for foster children transitioning to independent living.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-02-20 - Co-author authorized [SB480 Detail]

Download: Texas-2019-SB480-Introduced.html
  86R5119 MCK-D
 
  By: Watson S.B. No. 480
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Preparation for Adult Living Program and other
  services for foster children transitioning to independent living.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.121, Family Code, is amended by
  amending Subsections (a), (a-3), (a-5), (e), (e-1), (e-2), and (g)
  and adding Subsections (a-7), (a-8), (e-3), (e-4), (e-5), and (e-6)
  to read as follows:
         (a)  The department shall address the unique challenges
  facing foster children in the conservatorship of the department who
  must transition to independent living by:
               (1)  expanding efforts to improve transition planning
  and increasing the availability of transitional family group
  decision-making to each [all] youth age 14 or older in the
  department's permanent managing conservatorship, including
  enrolling the youth in the Preparation for Adult Living Program as
  soon as possible after the youth reaches 14 years of [before the]
  age [of 16];
               (2)  making appropriate accommodations to address any
  barrier to participation in the Preparation for Adult Living
  Program for a youth who has a disability to allow the youth to
  meaningfully participate in the program and documenting the
  accommodations in the youth's case file;
               (3)  coordinating with the commission to obtain
  authority, to the extent allowed by federal law, the state Medicaid
  plan, the Title IV-E state plan, and any waiver or amendment to
  either plan, necessary to:
                     (A)  extend foster care eligibility and
  transition services for youth up to age 21 and develop policy to
  permit eligible youth to return to foster care as necessary to
  achieve the goals of the Transitional Living Services Program; and
                     (B)  extend Medicaid coverage for foster care
  youth and former foster care youth up to age 21 with a single
  application at the time the youth leaves foster care; and
               (4) [(3)]  entering into cooperative agreements with
  the Texas Workforce Commission and local workforce development
  boards to further the objectives of the Preparation for Adult
  Living Program. The department, the Texas Workforce Commission,
  and the local workforce development boards shall ensure that
  services are prioritized and targeted to meet the needs of foster
  care and former foster care children and that such services will
  include, where feasible, referrals for short-term stays for youth
  needing housing.
         (a-3)  The department shall conduct an independent living
  skills assessment for all youth in the department's conservatorship
  not later than the 45th day after the date the youth reaches 14 [who
  are 16] years of age. The department shall place the assessment
  results in each youth's case file [or older].
         (a-5)  The department shall annually update the assessment
  for each youth assessed under Subsection [Subsections] (a-3) [and
  (a-4)] to determine the independent living skills the youth learned
  during the preceding year to ensure that the department's
  obligation to prepare the youth for independent living has been
  met. The department shall conduct the annual update through the
  youth's plan of service in coordination with the youth, the youth's
  caseworker, the staff of the Preparation for Adult Living Program,
  and the youth's caregiver.
         (a-7)  Not later than the 45th day after the date a youth
  reaches 14 years of age, the department shall hold a transition
  planning meeting to prepare the youth's transition plan and assist
  the youth in developing skills to support the youth's specific
  strengths and address the youth's needs in preparation for
  independence. The department must hold additional transition
  planning meetings at least once every four months until the youth
  leaves foster care.
         (a-8)  The department shall ensure that before a youth leaves
  foster care, each youth who is 14 years of age or older has an e-mail
  address through which the youth may receive encrypted copies of
  personal documents and records.
         (e)  The department shall ensure that each youth, on or
  before the date on which the youth turns 16 years of age, acquires:
               (1)  a copy and a certified copy of the youth's birth
  certificate;
               (2)  [,] a social security card or replacement social
  security card, as appropriate;
               (3)  [, and] a personal identification certificate
  under Chapter 521, Transportation Code;
               (4)  a copy of the youth's most current high school
  transcript;
               (5)  a copy of the record of the youth's most recent
  physical medical examination and dental examinations;
               (6)  a copy of the youth's immunization record; and 
               (7)  a copy of any identifying information the youth
  needs to enroll in Medicaid.
         (e-1)  The youth's caseworker shall assist the youth with
  developing a plan for keeping the documents described by Subsection
  (e) in a safe place.
         (e-2)  The youth and the youth's caseworker shall sign a
  document acknowledging the youth's receipt of the documents
  described by Subsection (e) and describing the youth's plan
  developed under Subsection (e-1) for keeping the documents in a
  safe place. The department shall place the acknowledgment in the
  youth's case file[, on or before the date on which the youth turns
  16 years of age].
         (e-3)  The department shall designate one or more employees
  in the Preparation for Adult Living Program as the contact person to
  assist a youth who has not been able to obtain the documents
  described by Subsection (e) [this subsection] in a timely manner
  from the youth's primary caseworker. The department shall ensure
  that:
               (1)  all youth who are age 16 or older are provided with
  the contact information for the designated employees; and
               (2)  a youth who misplaces a document provided under
  this subsection receives assistance in obtaining a replacement
  document or information on how to obtain a duplicate copy, as
  appropriate.
         (e-4)  Before a youth leaves foster care, the department
  shall take all reasonable measures, including completing an
  application for the youth, to assist the youth in obtaining
  Medicaid coverage, and shall document those measures in the youth's
  case file. 
         (e-5) [(e-1)]  If, at the time a youth is discharged from
  foster care, the youth is at least 18 years of age or has had the
  disabilities of minority removed, the department shall provide to
  the youth, not later than the 30th day before the date the youth is
  discharged from foster care, the following information and
  documents unless the youth already has the information or document:
               (1)  the youth's birth certificate;
               (2)  the youth's immunization records;
               (3)  the information contained in the youth's health
  passport;
               (4)  a personal identification certificate under
  Chapter 521, Transportation Code;
               (5)  a social security card or a replacement social
  security card, if appropriate; [and]
               (6)  a copy of the youth's most current high school
  transcript; and
               (7)  proof of enrollment in Medicaid, if appropriate.
         (e-6) [(e-2)]  When providing a youth with a document
  required by Subsection (e-5) [(e-1)], the department shall provide
  the youth with a copy and a certified copy of the document or with
  the original document, as applicable.
         (g)  For a youth taking prescription medication, the
  department shall ensure that the youth's transition plan includes
  provisions to assist the youth in managing the use of the medication
  and in managing the child's long-term physical and mental health
  needs after leaving foster care, including:
               (1)  provisions that inform the youth about:
                     (A) [(1)]  the use of the medication;
                     (B) [(2)]  the resources that are available to
  assist the youth in managing the use of the medication; and
                     (C) [(3)]  informed consent and the provision of
  medical care in accordance with Section 266.010(l); and
               (2)  for each youth who is 17 years of age or older and
  preparing to leave foster care, a program supervised by a health
  care professional to assist the youth with independently managing
  the youth's medication.
         SECTION 2.  Section 264.1211, Family Code, as added by
  Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular
  Session, 2017, is amended by adding Subsections (d) and (e) to read
  as follows:
         (d)  The department, in coordination with the Texas
  Education Agency and the Texas Higher Education Coordinating Board,
  shall annually collect information regarding the utilization of
  tuition and fee waivers, including the number of foster children or
  former foster children who:
               (1)  are eligible for exemption from the payment of
  tuition and fees at an institution of higher education under
  Section 54.366, Education Code;
               (2)  receive information developed under Section
  54.366(b), Education Code; and
               (3)  are enrolled in an institution of higher education
  and are exempt from the payment of tuition and fees under Section
  54.366, Education Code.
         (e)  Not later than November 1 of each even-numbered year,
  the department shall prepare and submit a biennial report with the
  information collected under Subsection (d) to the standing
  committees of the senate and house of representatives with
  jurisdiction over child protective services.
         SECTION 3.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Sections 264.1214, 264.1215, 264.1216, and
  264.1217 to read as follows:
         Sec. 264.1214.  EXPUNGEMENT OF CRIMINAL OR JUVENILE RECORDS.
  (a) The department shall ensure that the caseworker for a youth in
  the managing conservatorship of the department, in consultation
  with the youth's attorney ad litem, develops a plan to facilitate
  the sealing or expungement of any eligible criminal or juvenile
  records for offenses for which the youth was adjudicated or
  convicted before the date the youth ages out of care.
         (b)  The department shall record all actions taken under this
  section in the youth's case file.
         Sec. 264.1215.  PLAN FOR ACCESSING BENEFITS FOR YOUTH AGING
  OUT OF FOSTER CARE. Not later than the day a youth in the managing
  conservatorship of the department turns 18 years of age, the
  youth's caseworker shall create a plan detailing the steps the
  youth will take to access benefits for which the youth is eligible
  after the youth leaves foster care, including the transitional
  living allowance, Social Security Disability Insurance benefits,
  aftercare room and board assistance, and education and training
  vouchers. The caseworker shall document the plan in the youth's
  case file.
         Sec. 264.1216.  DRIVER'S EDUCATION. Subject to this
  section, the department shall develop a plan to ensure driver's
  education classes are provided to each youth in the managing
  conservatorship of the department who satisfies the minimum age
  requirements to receive a learner license and chooses to take
  driver's education. The department is not required to provide a
  driver's education class to a youth who is not physically,
  developmentally, or medically able to safely participate in
  driver's education.
         Sec. 264.1217.  HOUSING FOR HOMELESS YOUTH AGING OUT OF
  FOSTER CARE. (a) The department shall ensure that homeless youth
  who have aged out of foster care receive aftercare housing and other
  benefits under the Preparation for Adult Living Program for not
  less than six months while the youth is actively seeking employment
  or prevocational or vocational training services or other
  educational services.
         (b)  For a youth who will voluntarily enter extended foster
  care on the youth's 18th birthday, the youth's caseworker shall, not
  later than six months before the youth's 18th birthday, complete
  any necessary paperwork to ensure the youth has housing on the date
  the youth enters extended foster care. Not later than the 90th day
  before the youth's 18th birthday, the caseworker shall review the
  qualifications and requirements for the youth's housing.
         (c)  If a youth intends to continue living with the youth's
  substitute care provider after the youth's 18th birthday, the
  department shall waive any background check otherwise required for
  the youth to remain living with the substitute care provider.
         (d)  For a youth who continues living with the youth's
  substitute care provider after the youth's 18th birthday, the youth
  may share a bedroom with another youth who is 16 years of age or
  older provided the age difference between the youths does not
  exceed two years.
         (e)  A substitute care provider who prohibits a youth from
  living in the facility after the youth's 18th birthday shall notify
  the youth and the youth's caseworker of that fact in writing not
  later than:
               (1)  the 90th day before the youth's 18th birthday if
  the facility is a foster home; and
               (2)  six months before the youth's 18th birthday if the
  facility is a residential treatment center or cottage home.
         (f)  The department shall assist youth living in supervised
  independent living program arrangements to develop a rental history
  by allowing the youth to cosign the lease for the youth's housing
  provided the property owner does not object.
         (g)  The department by rule shall establish a protocol that
  may be implemented for a youth to prevent the youth from aging out
  of a residential treatment center. The protocol must be
  implemented not later than the youth's 17th birthday.
         (h)  The department annually shall conduct a study to:
               (1)  determine the number of youth in voluntary
  extended foster care who are unable to obtain housing as part of the
  supervised independent living program;
               (2)  determine the type of housing the youth are trying
  to obtain; and
               (3)  analyze the housing options available for the
  youth.
         SECTION 4.  Section 264.125, Family Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  The department shall include a provision in each
  contract with a residential child-care facility with which children
  in the conservatorship of the department are placed that requires
  the facility to provide those children with age-appropriate
  normalcy activities and experiential life skills.
         (f)  Not later than the December 1 of each year, the
  department shall submit to the lieutenant governor, speaker of the
  house of representatives, and chairs of the standing committees of
  the senate and house of representatives having primary jurisdiction
  over child protection issues a report containing information
  relating to normalcy activities and experiential life skills
  provided to children in the conservatorship of the department.
         SECTION 5.  Subchapter A, Chapter 191, Health and Safety
  Code, is amended by adding Section 191.0049 to read as follows:
         Sec. 191.0049.  BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH
  OR HOMELESS OR UNACCOMPANIED YOUTH. On request of a child or youth
  described by this section, the state registrar, a local registrar,
  or a county clerk shall issue, without fee or parental consent, a
  certified copy of the child's or youth's birth record to:
               (1)  a homeless child or youth or an unaccompanied
  youth as those terms are defined by 42 U.S.C. Section 11434a;
               (2)  a child in the managing conservatorship of the
  Department of Family and Protective Services; and
               (3)  a young adult who:
                     (A)  is at least 18 years of age, but younger than
  21 years of age; and
                     (B)  resides in a foster care placement, the cost
  of which is paid by the Department of Family and Protective
  Services.
         SECTION 6.  Subchapter E, Chapter 521, Transportation Code,
  is amended by adding Section 521.1015 to read as follows:
         Sec. 521.1015.  PERSONAL IDENTIFICATION CERTIFICATE ISSUED
  TO FOSTER CHILD OR YOUTH, HOMELESS CHILD OR YOUTH, OR UNACCOMPANIED
  YOUTH. (a) In this section:
               (1)  "Foster child or youth" means:
                     (A)  a child in the managing conservatorship of
  the Department of Family and Protective Services; or
                     (B)  a young adult who:
                           (i)  is at least 18 years of age, but younger
  than 21 years of age; and 
                           (ii)  resides in a foster care placement,
  the cost of which is paid by the Department of Family and Protective
  Services.
               (2)  "Homeless child or youth" has the meaning assigned
  by 42 U.S.C. Section 11434a.
               (3)  "Unaccompanied youth" has the meaning assigned by
  42 U.S.C. Section 11434a.
         (b)  This section applies to the application for a personal
  identification certificate only for a foster child or youth, a
  homeless child or youth, or an unaccompanied youth.
         (c)  Notwithstanding Section 521.101, Section 521.1426, or
  any other provision of this chapter, a child or youth described by
  Subsection (b) may, in applying for a personal identification
  certificate:
               (1)  provide a copy of the child's or youth's birth
  certificate as proof of the child's or youth's identity and United
  States citizenship, as applicable; and
               (2)  if the child or youth does not have a residence or
  domicile:
                     (A)  provide a letter certifying the child or
  youth is a homeless child or youth or an unaccompanied youth issued
  by:
                           (i)  the school district in which the child
  or youth is enrolled;
                           (ii)  the director of an emergency shelter
  or transitional housing program funded by the United States
  Department of Housing and Urban Development; or
                           (iii)  the director of:
                                 (a)  a basic center for runaway and
  homeless youth; or
                                 (b)  a transitional living program; or
                     (B)  use the address of the regional office where
  the Department of Family and Protective Services caseworker for the
  child or youth is based.
         (d)  A child or youth described by Subsection (b) may apply
  for and the department may issue a personal identification
  certificate without the signature or presence of or permission from
  a parent or guardian of the child or youth.
         (e)  A child or youth described by Subsection (b) is exempt
  from the payment of any fee for the issuance of a personal
  identification certificate under this chapter.
         SECTION 7.  Section 521.1811, Transportation Code, is
  amended to read as follows:
         Sec. 521.1811.  WAIVER OF FEES FOR FOSTER CHILD OR YOUTH,
  HOMELESS CHILD OR YOUTH, OR UNACCOMPANIED [CARE] YOUTH. A person is
  exempt from the payment of any fee for the issuance of a driver's
  license, as provided under this chapter, if that person is:
               (1)  younger than 18 years of age and in the managing
  conservatorship of the Department of Family and Protective
  Services; [or]
               (2)  at least 18 years of age, but younger than 21 years
  of age, and resides in a foster care placement, the cost of which is
  paid by the Department of Family and Protective Services; or
               (3)  a homeless child or youth or an unaccompanied
  youth as those terms are defined by 42 U.S.C. Section 11434a.
         SECTION 8.  Sections 264.121(a-4) and (a-6), Family Code,
  are repealed.
         SECTION 9.  (a)  As soon as practicable after the effective
  date of this Act, the Department of Family and Protective Services
  shall identify all youth in the department's conservatorship who
  are 14 years of age or older who have not:
               (1)  received a life skills assessment or a Circles of
  Support or Transition Plan Meeting; or
               (2)  had the youth's transition plan updated:
                     (A)  within the preceding six months if the youth
  is 16 years of age or older; or
                     (B)  within the preceding 12 months if the youth
  is 14 years of age or older.
         (b)  The Department of Family and Protective Services shall
  ensure that all youth who have been identified under Subsection (a)
  of this section immediately receive the required services.
         SECTION 10.  As soon as practicable after the effective date
  of this Act, the Department of Family and Protective Services shall
  identify each youth in the department's permanent managing
  conservatorship who has not been assigned an attorney ad litem and
  request the court to appoint an attorney ad litem for the youth.
         SECTION 11.  Not later than November 1, 2020, the Department
  of Family and Protective Services shall submit to the standing
  committees of the senate and house of representatives with
  jurisdiction over child protective services the initial report
  required by Section 264.1211(e), Family Code, as added by this Act.
         SECTION 12.  The changes in law made by this Act to Chapter
  191, Health and Safety Code, and Chapter 521, Transportation Code,
  apply to an application for a driver's license, personal
  identification certificate, or birth record submitted on or after
  the effective date of this Act. An application for a driver's
  license, personal identification certificate, or birth record
  submitted before the effective date of this Act is governed by the
  law in effect on the date the application was submitted, and the
  former law is continued in effect for that purpose.
         SECTION 13.  This Act takes effect September 1, 2019.
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