82R1939 MAW-F
By: Uresti S.B. No. 269
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
and 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
rights described by Subsection (b).
(b) It is the policy of this state that each child in foster
care be informed of the child's rights provided by state or federal
law or policy that relate to:
(1) abuse, neglect, exploitation, discrimination, and
harassment;
(2) food, clothing, shelter, and education;
(3) medical, dental, vision, and mental health
services, including the right of the child to consent to treatment;
(4) emergency behavioral intervention, including what
methods are permitted, the conditions under which it may be used,
and the precautions that must be taken when administering it;
(5) placement with the child's siblings and contact
with members of the child's family;
(6) privacy and searches, including the use of storage
space, mail, and the telephone;
(7) participation in school-related extracurricular
or community activities;
(8) interaction with persons outside the foster care
system, including teachers, church members, mentors, and friends;
(9) contact and communication with caseworkers,
attorneys ad litem, guardians ad litem, and court-appointed special
advocates;
(10) religious services and activities;
(11) confidentiality of the child's records;
(12) job skills, personal finances, and preparation
for adulthood;
(13) participation in a court hearing that involves
the child;
(14) participation in the development of service and
treatment plans;
(15) if the child has a disability, the advocacy and
protection of the rights of a person with that disability; and
(16) any other matter affecting the child's ability 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.
(c) 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 described 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.
(d) 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 described by the foster
children's bill of rights in accordance with Subsection (c). 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.
(e) 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.
(f) 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.
(g) The department shall develop and implement a policy for
receiving and handling reports that the rights of a child in foster
care are not being observed. The department shall inform a child in
foster care and, if appropriate, the child's parent, managing
conservator, or guardian of the method for filing a report with the
department under this subsection.
(h) This section does not create a cause of action.
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, 2011.