Texas 2009 - 81st Regular

Texas Senate Bill SB1052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2295 UM-F
2	2	By: Uresti S.B. No. 1052
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a foster children's bill of rights.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 263, Family Code, is
10	10	amended by adding Section 263.007 to read as follows:
11	11	Sec. 263.007. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In
12	12	this section:
13	13	(1) "Agency foster group home," "agency foster home,"
14	14	"facility," "foster group home," and "foster home" have the
15	15	meanings assigned by Section 42.002, Human Resources Code.
16	16	(2) "Foster care" means the placement of a child who is
17	17	in the conservatorship of the department or an authorized agency in
18	18	care outside the child's home in an agency foster group home, agency
19	19	foster home, foster group home, foster home, or another facility
20	20	licensed or certified under Chapter 42, Human Resources Code, in
21	21	which care is provided for 24 hours a day.
22	22	(3) "Foster children's bill of rights" means the list
23	23	of rights prescribed by Subsection (b) to which each child in foster
24	24	care is entitled.
25	25	(b) It is the policy of this state that, to the extent
26	26	provided by state or federal law or policy, each child in foster
27	27	care has the right:
28	28	(1) to live in a safe, healthy, and comfortable home
29	29	where the child is treated with respect;
30	30	(2) to be free from physical, sexual, emotional, and
31	31	other abuse, including corporal punishment and any form of
32	32	discipline that humiliates or demeans the child;
33	33	(3) to be free from discrimination or harassment on
34	34	the basis of gender, race, ethnicity, religion, national origin,
35	35	disability, sexual orientation, or HIV status;
36	36	(4) to receive adequate and healthy food;
37	37	(5) to receive and keep adequate clothing suitable to
38	38	the child's age and size and comparable to the clothing of other
39	39	children in the community;
40	40	(6) to receive appropriate medical, dental, vision,
41	41	and mental health services;
42	42	(7) subject to Subdivisions (8) and (9), to not be
43	43	physically restrained for longer than one minute unless other less
44	44	restrictive behavioral interventions have been unsuccessful and
45	45	physical restraint is necessary to:
46	46	(A) prevent substantial physical harm or
47	47	imminent, probable death to the child or imminent physical harm to
48	48	another person; or
49	49	(B) administer medication or provide medical
50	50	treatment prescribed by a physician;
51	51	(8) to not be physically restrained for any period as
52	52	punishment, retribution, retaliation, or discipline, to obtain
53	53	compliance from the child, for the convenience of the foster parent
54	54	or other foster care provider, or as a substitute for effective
55	55	treatment or rehabilitation;
56	56	(9) to not be locked or otherwise confined in any room,
57	57	building, or facility or placed in an area where the child is
58	58	physically prevented from leaving, unless the confinement or
59	59	restriction is based on the written orders of a psychiatrist,
60	60	psychologist, or physician or is used in an emergency in accordance
61	61	with the department's minimum standards for emergency behavior
62	62	interventions;
63	63	(10) to be placed in foster care with the child's
64	64	siblings unless that placement is not in the best interests of the
65	65	child or the child's siblings;
66	66	(11) if a sibling of the child is not placed in foster
67	67	care with the child, to be informed in writing of the name, address,
68	68	and telephone number of the home or facility in which the sibling is
69	69	placed, unless prohibited by court order or the child's caseworker
70	70	or a department supervisor determines that it is not in the child's
71	71	best interests and the caseworker or supervisor, as applicable,
72	72	includes the reason for that determination in the child's case
73	73	records;
74	74	(12) to have a private storage space in the home or
75	75	facility in which the child resides to store the child's personal
76	76	belongings;
77	77	(13) to not be subjected to unreasonable searches of
78	78	the child's personal belongings;
79	79	(14) to contact caseworkers, attorneys ad litem,
80	80	guardians ad litem, and court-appointed special advocates;
81	81	(15) to communicate with caseworkers, judges,
82	82	attorneys ad litem, guardians ad litem, court-appointed special
83	83	advocates, foster parents, and other providers in the child's
84	84	primary language, including in sign language;
85	85	(16) to regularly visit and regularly contact siblings
86	86	and to regularly contact other family members, unless prohibited by
87	87	court order or the child's caseworker or a department supervisor
88	88	determines that it is not in the child's best interests and the
89	89	caseworker or supervisor, as applicable, includes the reason for
90	90	that determination in the child's case records;
91	91	(17) to never be denied contact or visitation with
92	92	siblings or other family members as a form of discipline;
93	93	(18) to attend religious services and activities of
94	94	the child's choice;
95	95	(19) to interact with persons outside of the foster
96	96	care system, including teachers, church members, mentors, and
97	97	friends;
98	98	(20) to make and receive confidential telephone calls
99	99	and to send and receive unopened mail, unless prohibited by court
100	100	order or the child's caseworker or a department supervisor
101	101	determines that it is not in the child's best interests and the
102	102	caseworker or supervisor, as applicable, includes the reason for
103	103	that determination in the child's case records;
104	104	(21) to receive an age-appropriate money allowance, in
105	105	an amount determined by the foster parent or other foster care
106	106	provider, for the purpose of developing money management skills,
107	107	using money from the foster care payments made by the department to
108	108	the foster parent or other foster care provider for the care of the
109	109	child;
110	110	(22) to maintain a personal bank account and manage
111	111	personal income consistent with the child's age and developmental
112	112	level, unless prohibited by the child's service plan;
113	113	(23) to expect that the child's records will be kept
114	114	confidential in accordance with existing state and federal law,
115	115	including the child's medical, mental health, child protective
116	116	services, and educational records;
117	117	(24) to receive care and treatment in the least
118	118	restrictive environment that is most like a family setting,
119	119	consistent with the best interests and needs of the child;
120	120	(25) to not be unnecessarily or excessively medicated;
121	121	(26) to not be admitted as a voluntary inpatient to a
122	122	mental health facility unless the child consents as required by
123	123	Section 572.001(c), Health and Safety Code;
124	124	(27) if the child is at least 14 years of age, to
125	125	request a medical review of the child's medical care, including a
126	126	review of the medications prescribed to the child, by a medical
127	127	review team, and to receive a copy of the results of any medical
128	128	review;
129	129	(28) to be informed before the child is 16 years of age
130	130	that the child, at 16 years of age, may request a court hearing to
131	131	determine if the child has the capacity to consent to medical care
132	132	under Section 266.010;
133	133	(29) if the child is at least 16 years of age, to
134	134	consent to all or some medical care, as authorized by the court
135	135	under Section 266.010;
136	136	(30) if the child is at least 12 years of age, to
137	137	participate in the development of the child's service plan and
138	138	permanency plan;
139	139	(31) if the child is at least 12 years of age, to
140	140	review and receive information regarding the child's service plan
141	141	and permanency plan, including any changes made to the plans;
142	142	(32) to receive information about the child's foster
143	143	parent or other foster care provider consistent with the child's
144	144	age and developmental level;
145	145	(33) to be appointed an attorney ad litem who is
146	146	competent and provides zealous legal representation of the child's
147	147	interests, and to meet, in person, with the child's attorney ad
148	148	litem before each hearing involving the child;
149	149	(34) to request the appointment of an attorney or
150	150	guardian ad litem to represent the child, if the child is not
151	151	already represented by an attorney or guardian ad litem;
152	152	(35) to attend a court hearing that affects the
153	153	conservatorship or placement of the child, including a status
154	154	hearing, a permanency review hearing, or a placement review
155	155	hearing;
156	156	(36) if the child is at least 14 years of age, to
157	157	remain in the courtroom during a court hearing that affects the
158	158	conservatorship or placement of the child, including a status
159	159	hearing, a permanency review hearing, or a placement review
160	160	hearing;
161	161	(37) regardless of the child's age, to speak privately
162	162	to the judge at a court hearing that affects the conservatorship or
163	163	placement of the child, including a status hearing, a permanency
164	164	review hearing, or a placement review hearing;
165	165	(38) if the child has a disability, to be informed, in
166	166	writing, of the name, existence, purpose, telephone number, and
167	167	address of the protection and advocacy system established in this
168	168	state under the applicable federal developmental disability laws,
169	169	as defined by Section 112.001, Human Resources Code, for the
170	170	purpose of advocating for and protecting the rights of persons with
171	171	that disability;
172	172	(39) to attend school and participate in sports,
173	173	clubs, and other school-related extracurricular activities,
174	174	consistent with the child's age and developmental level;
175	175	(40) to participate in community activities,
176	176	including recreational and social activities, consistent with the
177	177	child's age and developmental level;
178	178	(41) to the extent possible, to have minimal
179	179	disruption in the child's education, including the right to attend
180	180	the same school if placed with an alternative foster care provider,
181	181	unless otherwise ordered by the court;
182	182	(42) if the child participates in a special education
183	183	program, to meet and consult with the surrogate parent assigned to
184	184	the child in accordance with federal law, regarding the child's
185	185	individualized education program prior to each admission, review,
186	186	and dismissal committee meeting held regarding the child;
187	187	(43) to participate in an organization that advocates
188	188	for or on behalf of foster youth;
189	189	(44) to work and develop job skills consistent with
190	190	the child's age in accordance with state and federal law;
191	191	(45) if the child is at least 16 years of age, to have
192	192	access to information regarding postsecondary educational and
193	193	vocational options available to the child, including information
194	194	regarding financial aid available for postsecondary education and
195	195	the course work or other requirements required to complete
196	196	vocational training and postsecondary educational programs;
197	197	(46) to attend classes and receive other services
198	198	provided under the Preparation for Adult Living Program established
199	199	under Section 264.121;
200	200	(47) on, or as soon as possible after, the date of the
201	201	child's 18th birthday or the date the child's disabilities of
202	202	minority are removed, to be provided with the child's health and
203	203	education passport information, social security card, state-issued
204	204	personal identification card, and a certified copy of the child's
205	205	birth certificate;
206	206	(48) to be informed in writing of how the child may
207	207	obtain copies of the child's case records;
208	208	(49) to be informed in writing of the name, address,
209	209	and telephone number of the person at or the division or office of
210	210	the department that handles complaints regarding a violation of the
211	211	child's rights; and
212	212	(50) to make a confidential complaint with the
213	213	appropriate person at or the division or office of the department,
214	214	or to speak confidentially with an appropriate person at the
215	215	department, regarding a violation of the child's rights without
216	216	punishment or threat of punishment for making the complaint.
217	217	(c) This section may not be construed to require a foster
218	218	parent or other foster care provider to take any action that would
219	219	impair the health or safety of a child in foster care. Any action
220	220	taken that is inconsistent with the foster children's bill of
221	221	rights must be included in the permanency progress report or
222	222	placement review report filed with a court.
223	223	(d) The department shall provide a written copy of the
224	224	foster children's bill of rights to each child placed in foster care
225	225	in the child's primary language, if possible, and shall inform the
226	226	child of the rights provided by the foster children's bill of
227	227	rights:
228	228	(1) orally in the child's primary language, if
229	229	possible, and in simple, nontechnical terms; or
230	230	(2) for a child who has a disability, including an
231	231	impairment of vision or hearing, through any means that can
232	232	reasonably be expected to result in successful communication with
233	233	the child.
234	234	(e) A child placed in foster care may, at the child's
235	235	option, sign a document acknowledging the child's understanding of
236	236	the foster children's bill of rights after the department provides
237	237	a written copy of the foster children's bill of rights to the child
238	238	and informs the child of the rights provided by that bill of rights
239	239	in accordance with Subsection (d). If a child signs a document
240	240	acknowledging the child's understanding of the foster children's
241	241	bill of rights, the document must be placed in the child's case
242	242	file.
243	243	(f) An agency foster group home, agency foster home, foster
244	244	group home, foster home, or other facility in which a child is
245	245	placed in foster care shall provide a copy of the foster children's
246	246	bill of rights to a child on the child's request. The foster
247	247	children's bill of rights must be printed in English and in a second
248	248	language.
249	249	(g) The department shall promote the participation of
250	250	foster children and former foster children in educating other
251	251	foster children about the foster children's bill of rights.
252	252	(h) Except as provided by this subsection, the executive
253	253	commissioner of the Health and Human Services Commission and the
254	254	department, as appropriate, shall ensure that the rules and
255	255	policies governing foster care are consistent with the state policy
256	256	outlined by Subsection (b). The executive commissioner or the
257	257	department, as appropriate, may adopt rules or policies that
258	258	provide greater protections for the rights of children in foster
259	259	care.
260	260	SECTION 2. This Act takes effect immediately if it receives
261	261	a vote of two-thirds of all the members elected to each house, as
262	262	provided by Section 39, Article III, Texas Constitution. If this
263	263	Act does not receive the vote necessary for immediate effect, this
264	264	Act takes effect September 1, 2009.