89th Legislature

HB 4116

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4116 amends Section 264.7541(c) of the Texas Family Code to expand the written information that the Department of Family and Protective Services (DFPS) must provide to a relative or other designated caregiver once a child is placed in their care. The purpose of this amendment is to ensure that caregivers are fully informed about the support systems, financial resources, and legal pathways available to them as they take on the responsibility of caring for a child removed from their home.

Under the proposed changes, caregivers must be informed about their option to become verified as an agency foster home through a licensed child-placing agency, including the process to do so and the potential for increased financial assistance. The bill also mandates that caregivers be given detailed information about the Temporary Assistance for Needy Families (TANF) program, such as qualifications, the application process, and available benefit amounts.

In addition to these requirements, DFPS must now provide caregivers with information on all forms of financial assistance under the relevant subchapter, details on the Permanency Care Assistance (PCA) program, and any other financial benefits they may be eligible to receive. By ensuring more comprehensive and transparent communication with caregivers, HB 4116 aims to improve the stability and sustainability of kinship care placements, ultimately supporting better outcomes for children in the child welfare system.
Author
Aicha Davis
Toni Rose
Lacey Hull
Valoree Swanson
Co-Author
Robert Guerra
Mihaela Plesa
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4116 is not expected to have a significant fiscal impact on the state budget. The bill mandates that the Department of Family and Protective Services (DFPS) provide specific written information to relatives or designated caregivers regarding their caregiving options and available financial benefits. These include information on agency foster home verification, the TANF program, the Permanency Care Assistance program, and any other financial supports for which they may qualify.

The fiscal analysis assumes that any associated costs to implement these expanded notification requirements can be absorbed within DFPS’s existing resources. This suggests that the department either already has the capacity to provide the required written materials or can update its current processes with minimal additional burden. Therefore, the legislation would not require new appropriations or staffing increases to fulfill its objectives.

Additionally, there are no anticipated fiscal implications for units of local government. Local entities will not be responsible for implementing or funding any of the bill’s provisions, further minimizing the overall fiscal footprint of the legislation.

Vote Recommendation Notes

House Bill 4116 aims to improve communication between the Department of Family and Protective Services (DFPS) and kinship caregivers by requiring that caregivers receive written information about various financial support programs at the time of child placement. While the intent is to increase awareness and help caregivers make informed decisions, the bill raises key concerns from a limited-government perspective.

Most notably, the bill risks encouraging deeper reliance on state-managed welfare programs by proactively informing caregivers about TANF, Permanency Care Assistance, and other financial benefits. Though these programs already exist, HB 4116 shifts the state’s role from passive administrator to active promoter of public assistance. This undermines the principle of personal responsibility and fosters a culture of government dependency, which stands in contrast to the goal of strengthening civil society and family-based solutions.

Additionally, while the fiscal note estimates no significant financial impact, increased participation in assistance programs could gradually raise taxpayer costs over time. The bill also expands DFPS’s statutory responsibilities, contributing to administrative creep, even if marginally. Taken together, Texas Policy Research recommends that lawmakers vote NO on HB 4116. Though well-meaning, the bill subtly grows the government’s reach and promotes dependency at the expense of liberty and fiscal restraint.

Individual Liberty: While the bill seeks to empower caregivers with information, it also reflects a subtle shift toward greater state involvement in family decision-making. By institutionalizing the requirement that the government must present certain financial options in writing, the bill increases the government's role in shaping a caregiver’s choices. This may appear supportive on the surface, but it risks undermining individual liberty by framing state assistance as the default solution rather than one of many voluntary paths.

Personal Responsibility: The bill weakens the principle of personal responsibility by potentially encouraging more caregivers to seek government aid rather than turning to extended family networks, private charities, or faith-based organizations. When the state steps in to proactively promote financial support programs like TANF and Permanency Care Assistance, it can disincentivize self-reliance. Providing information in writing may sound neutral, but the method and timing, at the moment of crisis, can shift decision-making toward dependency rather than empowerment.

Free Enterprise: The bill has no direct regulatory impact on the private sector or marketplace. It neither restricts competition nor expands access to private service providers. However, by reinforcing the government as the primary support system for caregivers, it may crowd out private or nonprofit efforts to assist kinship caregivers over time, indirectly weakening civil society alternatives.

Private Property Rights: The bill does not affect ownership, use, or control of property and has no bearing on eminent domain or land use issues. It is neutral with respect to this principle.

Limited Government: Although the bill does not establish new programs or agencies, it does increase the statutory duties of DFPS. This codifies what could otherwise be handled administratively and adds to the legal framework that governs interactions between citizens and the state. In doing so, it expands the role of government, however incrementally, in personal family matters. Over time, such expansions erode the boundary between public support and public control.

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