85R11579 MK-D By: Swanson H.B. No. 3552 A BILL TO BE ENTITLED AN ACT relating to the foster care payment rate for certain foster parents and the reimbursement of certain expenses for the foster parent; creating a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 264.101, Family Code, is amended by adding Subsection (a-3) to read as follows: (a-3) If the department places one or more children assigned a basic or moderate service level with a foster parent, the department shall pay the foster parent the cost of foster care in accordance with the following schedule: (1) 100 percent of the daily foster care reimbursement rate for the first child placed with the foster parent; (2) 80 percent of the daily foster care reimbursement rate for the second child placed with the foster parent; (3) 60 percent of the daily foster care reimbursement rate for the third child placed with the foster parent; (4) 40 percent of the daily foster care reimbursement rate for the fourth child placed with the foster parent; (5) 20 percent of the daily foster care reimbursement rate for the fifth child placed with the foster parent; and (6) the foster parent will not receive any additional payment if the department places more than five children with the foster parent. SECTION 2. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1252 to read as follows: Sec. 264.1252. REIMBURSEMENT FOR ENRICHMENT ACTIVITIES; CRIMINAL OFFENSE. (a) In this section, "enrichment activities" includes athletic camps and competition, art and music classes and camps, school-related extracurricular activities, faith-based camps or mission trips, and the Boy Scouts of America and the Girl Scouts of the United States of America, or similar organizations and activities. The term does not include entertainment activities that a child participates in solely with the child's foster parent. (b) At the foster parent's discretion, the foster parent may enroll a foster child in age-appropriate enrichment activities. (c) The department shall reimburse a foster parent for any monetary expenses relating to the participation of a child in enrichment activities. The foster parent must provide the department with receipts for any expenses under this subsection to receive reimbursement. (d) A person commits an offense if, with intent to defraud or deceive the department, the person knowingly makes or causes to be made a false statement or misrepresentation of a material fact that allows a person to receive a reimbursement under Subsection (c). An offense under this subsection is a Class C misdemeanor. SECTION 3. As soon as possible after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall increase the 24-hour residential child care rates paid to a foster family for a child by 20 percent. SECTION 4. This Act takes effect September 1, 2017.