81R2295 UM-F
By: Uresti S.B. No. 1052
A BILL TO BE ENTITLED
AN ACT
relating to a foster children'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 263.007 to read as follows:
Sec. 263.007. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In
this section:
(1) "Agency foster group home," "agency foster home,"
"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.
(3) "Foster children's bill of rights" means the list
of rights prescribed by Subsection (b) to which each child in foster
care is entitled.
(b) It is the policy of this state that, to the extent
provided by state or federal law or policy, each child in foster
care has the right:
(1) to live in a safe, healthy, and comfortable home
where the child is treated with respect;
(2) to be free from physical, sexual, emotional, and
other abuse, including corporal punishment and any form of
discipline that humiliates or demeans the child;
(3) to be free from discrimination or harassment on
the basis of gender, race, ethnicity, religion, national origin,
disability, sexual orientation, or HIV status;
(4) to receive adequate and healthy food;
(5) to receive and keep adequate clothing suitable to
the child's age and size and comparable to the clothing of other
children in the community;
(6) to receive appropriate medical, dental, vision,
and mental health services;
(7) subject to Subdivisions (8) and (9), to not be
physically restrained for longer than one minute unless other less
restrictive behavioral interventions have been unsuccessful and
physical restraint is necessary to:
(A) prevent substantial physical harm or
imminent, probable death to the child or imminent physical harm to
another person; or
(B) administer medication or provide medical
treatment prescribed by a physician;
(8) to not be physically restrained for any period as
punishment, retribution, retaliation, or discipline, to obtain
compliance from the child, for the convenience of the foster parent
or other foster care provider, or as a substitute for effective
treatment or rehabilitation;
(9) to not be locked or otherwise confined in any room,
building, or facility or placed in an area where the child is
physically prevented from leaving, unless the confinement or
restriction is based on the written orders of a psychiatrist,
psychologist, or physician or is used in an emergency in accordance
with the department's minimum standards for emergency behavior
interventions;
(10) to be placed in foster care with the child's
siblings unless that placement is not in the best interests of the
child or the child's siblings;
(11) if a sibling of the child is not placed in foster
care with the child, to be informed in writing of the name, address,
and telephone number of the home or facility in which the sibling is
placed, unless prohibited by court order or the child's caseworker
or a department supervisor determines that it is not in the child's
best interests and the caseworker or supervisor, as applicable,
includes the reason for that determination in the child's case
records;
(12) to have a private storage space in the home or
facility in which the child resides to store the child's personal
belongings;
(13) to not be subjected to unreasonable searches of
the child's personal belongings;
(14) to contact caseworkers, attorneys ad litem,
guardians ad litem, and court-appointed special advocates;
(15) to communicate with caseworkers, judges,
attorneys ad litem, guardians ad litem, court-appointed special
advocates, foster parents, and other providers in the child's
primary language, including in sign language;
(16) to regularly visit and regularly contact siblings
and to regularly contact other family members, unless prohibited by
court order or the child's caseworker or a department supervisor
determines that it is not in the child's best interests and the
caseworker or supervisor, as applicable, includes the reason for
that determination in the child's case records;
(17) to never be denied contact or visitation with
siblings or other family members as a form of discipline;
(18) to attend religious services and activities of
the child's choice;
(19) to interact with persons outside of the foster
care system, including teachers, church members, mentors, and
friends;
(20) to make and receive confidential telephone calls
and to send and receive unopened mail, unless prohibited by court
order or the child's caseworker or a department supervisor
determines that it is not in the child's best interests and the
caseworker or supervisor, as applicable, includes the reason for
that determination in the child's case records;
(21) to receive an age-appropriate money allowance, in
an amount determined by the foster parent or other foster care
provider, for the purpose of developing money management skills,
using money from the foster care payments made by the department to
the foster parent or other foster care provider for the care of the
child;
(22) to maintain a personal bank account and manage
personal income consistent with the child's age and developmental
level, unless prohibited by the child's service plan;
(23) to expect that the child's records will be kept
confidential in accordance with existing state and federal law,
including the child's medical, mental health, child protective
services, and educational records;
(24) to receive care and treatment in the least
restrictive environment that is most like a family setting,
consistent with the best interests and needs of the child;
(25) to not be unnecessarily or excessively medicated;
(26) to not be admitted as a voluntary inpatient to a
mental health facility unless the child consents as required by
Section 572.001(c), Health and Safety Code;
(27) if the child is at least 14 years of age, to
request a medical review of the child's medical care, including a
review of the medications prescribed to the child, by a medical
review team, and to receive a copy of the results of any medical
review;
(28) to be informed before the child is 16 years of age
that the child, at 16 years of age, may request a court hearing to
determine if the child has the capacity to consent to medical care
under Section 266.010;
(29) if the child is at least 16 years of age, to
consent to all or some medical care, as authorized by the court
under Section 266.010;
(30) if the child is at least 12 years of age, to
participate in the development of the child's service plan and
permanency plan;
(31) if the child is at least 12 years of age, to
review and receive information regarding the child's service plan
and permanency plan, including any changes made to the plans;
(32) to receive information about the child's foster
parent or other foster care provider consistent with the child's
age and developmental level;
(33) to be appointed an attorney ad litem who is
competent and provides zealous legal representation of the child's
interests, and to meet, in person, with the child's attorney ad
litem before each hearing involving the child;
(34) to request the appointment of an attorney or
guardian ad litem to represent the child, if the child is not
already represented by an attorney or guardian ad litem;
(35) to attend a court hearing that affects the
conservatorship or placement of the child, including a status
hearing, a permanency review hearing, or a placement review
hearing;
(36) if the child is at least 14 years of age, to
remain in the courtroom during a court hearing that affects the
conservatorship or placement of the child, including a status
hearing, a permanency review hearing, or a placement review
hearing;
(37) regardless of the child's age, to speak privately
to the judge at a court hearing that affects the conservatorship or
placement of the child, including a status hearing, a permanency
review hearing, or a placement review hearing;
(38) if the child has a disability, to be informed, in
writing, of the name, existence, purpose, telephone number, and
address of the protection and advocacy system established in this
state under the applicable federal developmental disability laws,
as defined by Section 112.001, Human Resources Code, for the
purpose of advocating for and protecting the rights of persons with
that disability;
(39) to attend school and participate in sports,
clubs, and other school-related extracurricular activities,
consistent with the child's age and developmental level;
(40) to participate in community activities,
including recreational and social activities, consistent with the
child's age and developmental level;
(41) to the extent possible, to have minimal
disruption in the child's education, including the right to attend
the same school if placed with an alternative foster care provider,
unless otherwise ordered by the court;
(42) if the child participates in a special education
program, to meet and consult with the surrogate parent assigned to
the child in accordance with federal law, regarding the child's
individualized education program prior to each admission, review,
and dismissal committee meeting held regarding the child;
(43) to participate in an organization that advocates
for or on behalf of foster youth;
(44) to work and develop job skills consistent with
the child's age in accordance with state and federal law;
(45) if the child is at least 16 years of age, to have
access to information regarding postsecondary educational and
vocational options available to the child, including information
regarding financial aid available for postsecondary education and
the course work or other requirements required to complete
vocational training and postsecondary educational programs;
(46) to attend classes and receive other services
provided under the Preparation for Adult Living Program established
under Section 264.121;
(47) on, or as soon as possible after, the date of the
child's 18th birthday or the date the child's disabilities of
minority are removed, to be provided with the child's health and
education passport information, social security card, state-issued
personal identification card, and a certified copy of the child's
birth certificate;
(48) to be informed in writing of how the child may
obtain copies of the child's case records;
(49) to be informed in writing of the name, address,
and telephone number of the person at or the division or office of
the department that handles complaints regarding a violation of the
child's rights; and
(50) to make a confidential complaint with the
appropriate person at or the division or office of the department,
or to speak confidentially with an appropriate person at the
department, regarding a violation of the child's rights without
punishment or threat of punishment for making the complaint.
(c) This section may not be construed to require a foster
parent or other foster care provider to take any action that would
impair the health or safety of a child in foster care. Any action
taken that is inconsistent with the foster children's bill of
rights must be included in the permanency progress report or
placement review report filed with a court.
(d) The department shall provide a written copy of the
foster children's bill of rights to each child placed in foster care
in the child's primary language, if possible, and shall inform the
child of the rights provided by the foster children's bill of
rights:
(1) orally in the child's primary language, if
possible, and in simple, nontechnical terms; or
(2) for a child who has a disability, including an
impairment of vision or hearing, through any means that can
reasonably be expected to result in successful communication with
the child.
(e) A child placed in foster care may, at the child's
option, sign a document acknowledging the child's understanding of
the foster children's bill of rights after the department provides
a written copy of the foster children's bill of rights to the child
and informs the child of the rights provided by that bill of rights
in accordance with Subsection (d). If a child signs a document
acknowledging the child's understanding of the foster children's
bill of rights, the document must be placed in the child's case
file.
(f) An agency foster group home, agency foster home, foster
group home, foster home, or other facility in which a child is
placed in foster care shall provide a copy of the foster children's
bill of rights to a child on the child's request. The foster
children's bill of rights must be printed in English and in a second
language.
(g) The department shall promote the participation of
foster children and former foster children in educating other
foster children about the foster children's bill of rights.
(h) Except as provided by this subsection, 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 (b). The executive commissioner or the
department, as appropriate, may adopt rules or policies that
provide greater protections for the rights of children in foster
care.
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.