83R4761 YDB-F
By: Turner of Harris H.B. No. 1058
A BILL TO BE ENTITLED
AN ACT
relating to complaints about medication or medical care provided to
foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 266, Family Code, is amended by adding
Section 266.0031 to read as follows:
Sec. 266.0031. COMPLAINTS REGARDING MEDICAL CARE. (a) A
parent, foster parent, managing conservator, possessory
conservator, guardian, caretaker, custodian, court-appointed
special advocate, or other person with knowledge of medical care,
including medication, provided to a foster child may file with the
department a complaint outlining the individual's concerns about
the medical care. The department shall:
(1) develop a process to review and address each
complaint submitted under this subsection; and
(2) include the complaint in the child's health
passport maintained under Section 266.006.
(b) The department shall create a central file of complaints
received under Subsection (a). The information in the central file
may not identify the foster child who is the subject of the
complaint, the individual who submitted the complaint, or any other
individual. At least once each year, the department shall submit an
aggregate report of the information contained in the central file
to the governor, lieutenant governor, and speaker of the house of
representatives. The central file information and aggregate report
are public information subject to disclosure under Chapter 552,
Government Code.
SECTION 2. Section 266.007(a), Family Code, is amended to
read as follows:
(a) At each hearing under Chapter 263, or more frequently if
ordered by the court, the court shall review a summary of the
medical care provided to the foster child since the last
hearing. The summary must include information regarding:
(1) the nature of any emergency medical care provided
to the child and the circumstances necessitating emergency medical
care, including any injury or acute illness suffered by the child;
(2) all medical and mental health treatment that the
child is receiving and the child's progress with the treatment;
(3) any medication prescribed for the child and the
condition, diagnosis, and symptoms for which the medication was
prescribed and the child's progress with the medication;
(4) the degree to which the child or foster care
provider has complied or failed to comply with any plan of medical
treatment for the child;
(5) any adverse reaction to or side effects of any
medical treatment provided to the child;
(6) any specific medical condition of the child that
has been diagnosed or for which tests are being conducted to make a
diagnosis;
(7) any activity that the child should avoid or should
engage in that might affect the effectiveness of the treatment,
including physical activities, other medications, and diet; [and]
(8) any complaints filed with the department under
Section 266.0031; and
(9) other information required by department rule or
by the court.
SECTION 3. The heading to Subchapter A, Chapter 266, Family
Code, is repealed.
SECTION 4. Not later than December 1, 2013, the Department
of Family and Protective Services shall develop the complaint
process required by Section 266.0031(a), Family Code, as added by
this Act, and the central file required by Section 266.0031(b),
Family Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2013.