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.