By: Gallego H.B. No. 3137
A BILL TO BE ENTITLED
AN ACT
relating to a foster parent's bill of rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.008 to read as follows:
Sec. 263.008. FOSTER PARENT'S BILL OF RIGHTS. (a) In this
section:
(1) "Agency foster group home," "agency foster home,"
"child-placing agency," "facility," "foster group home," and
"foster home" have the meanings assigned by Section 42.002, Human
Resources Code.
(2) "Foster care" means the placement of a child who is
in the conservatorship of the department or an authorized agency in
care outside the child's home in an agency foster group home, agency
foster home, foster group home, foster home, or another facility
licensed or certified under Chapter 42, Human Resources Code, in
which care is provided for 24 hours a day.
(b) The state recognizes that foster parents:
(1) play an important and significant role in the life
of foster children;
(2) are an essential part of the child protective
services system; and
(3) should be treated with respect by all members of
the child protective services team.
(c) It is the policy of this state that, to the extent
provided by state or federal law or policy, each foster parent has
the right:
(1) to be treated with dignity, respect, and
consideration as a professional member of the child protective
services team;
(2) to be given standardized preservice training and
appropriate ongoing training to meet mutually assessed needs and
improve the foster parent's skills;
(3) to be informed of the contact information of and
the process to contact the appropriate child-placing agency or
other source to receive information and assistance and to access
supportive services for a foster child in the foster parent's care;
(4) to receive timely financial reimbursement
commensurate with the care and needs of a foster child as specified
in the child's service plan;
(5) to be informed of how to receive services and reach
individuals at the child-placing agency or the department, 24 hours
a day, seven days a week;
(6) to be provided a clear, written understanding of a
child-placing agency's plan concerning the placement of a foster
child in the foster parent's home, including the foster parent's
responsibility to support activities that promote the foster
child's right to relationships with the child's family and cultural
heritage;
(7) to receive additional and necessary information
regarding a foster child while the child is placed with the foster
parent;
(8) to be notified of scheduled meetings and staffings
regarding the foster child to allow the foster parent to actively
participate in the case-planning and decision-making process
regarding the child, including individual service planning
meetings, administrative case reviews, interdisciplinary
staffings, and individual educational planning meetings;
(9) to be informed of decisions made by the court or
the department concerning the child;
(10) to provide input concerning the plan of services
for the child and to have that input fully considered in the same
manner as information presented by any other professional on the
child protective services team;
(11) to communicate with other professionals who work
with foster children, including therapists, physicians, and
teachers;
(12) to be given, in a consistent and timely manner,
all information a caseworker has regarding a foster child and the
child's family that is pertinent to the care and needs of the child
or to the child's permanency plan and essential to the foster
parent's understanding of the needs of and care required for the
child and any additional information regarding the child or the
child's family, which the child's family consents to disclose;
(13) to be notified in a timely manner of all court
hearings, including to be provided a statement that the foster
parent has the right to speak at the hearing, and to be notified of
the following details regarding the hearing:
(A) the date and time;
(B) the name of the judge or hearing officer;
(C) the location; and
(D) the docket number;
(14) to be provided a fair, timely, and impartial
investigation of any complaint concerning the foster parent's
licensure;
(15) to be provided an opportunity to have a person of
the foster parent's choosing present during any investigation;
(16) to receive mediation or an administrative review,
or both, regarding decisions that affect licensing parameters;
(17) to be presented with a specific explanation of
any licensing corrective action plan, including the specific
licensing standard violated;
(18) except as otherwise provided by a court order or
when a child is at imminent risk of harm, to be given written notice
and a description of the reasons for:
(A) changes in a foster child's case plan; or
(B) any plan to terminate the placement of the
child with the foster parent;
(19) to have timely access to a child-placing agency's
or the department's appeals process, as appropriate, without
harassment or retaliation by any person;
(20) to receive post-placement counseling for loss and
grief;
(21) to be considered as a placement option when a
foster child who was formerly placed with the foster parent
reenters foster care if the placement is consistent with the best
interest of the child and any other child in the foster parent's
home;
(22) to be assured that all members of the foster
parent's family are safe from physical violence, emotional abuse,
and harassment; and
(23) to be free from being discriminated against on
the basis of religion, race, color, sex, national origin, age, or
disability.
(d) The department or the child-placing agency that places a
foster child with a foster parent shall provide a written copy of
the foster parent's bill of rights to each foster parent and shall
orally inform the foster parent of the rights provided by the foster
parent's bill of rights.
(e) The executive commissioner of the Health and Human
Services Commission and the department, as appropriate, shall
ensure that the rules and policies governing foster care are
consistent with the state policy outlined by Subsection (c).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.