| 1 | 1 | | By: Rodriguez of Travis H.B. No. 4124 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a foster children's bill of rights. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 263.008(b), Family Code, is amended by |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (b) It |
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| 11 | 11 | | is the policy of this state that each child in foster |
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| 12 | 12 | | care be informed of the child's rights provided by state or federal |
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| 13 | 13 | | law or policy that relate to: |
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| 14 | 14 | | (1) abuse, neglect, exploitation, discrimination, and |
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| 15 | 15 | | harassment, which includes discrimination and harassment based on |
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| 16 | 16 | | gender, gender identity, race, ethnicity, religion, national |
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| 17 | 17 | | origin, disability, medical problems or sexual orientation; |
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| 18 | 18 | | (2) food, clothing, shelter, and education; |
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| 19 | 19 | | (3) medical, dental, vision, and mental health |
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| 20 | 20 | | services, including the right of the child to consent to treatment; |
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| 21 | 21 | | (4) emergency behavioral intervention, including what |
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| 22 | 22 | | methods are permitted, the conditions under which it may be used, |
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| 23 | 23 | | and the precautions that must be taken when administering it; |
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| 24 | 24 | | (5) placement with the child's siblings and contact |
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| 25 | 25 | | with members of the child's family; |
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| 26 | 26 | | (6) privacy and searches, including the use of storage |
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| 27 | 27 | | space, mail, and the telephone; |
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| 28 | 28 | | (7) participation in school-related extracurricular |
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| 29 | 29 | | or community activities; |
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| 30 | 30 | | (8) interaction with persons outside the foster care |
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| 31 | 31 | | system, including teachers, church members, mentors, and friends; |
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| 32 | 32 | | (9) contact and communication with caseworkers, |
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| 33 | 33 | | attorneys ad litem, guardians ad litem, and court-appointed special |
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| 34 | 34 | | advocates; |
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| 35 | 35 | | (10) the freedom to choose a religion or attend |
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| 36 | 36 | | religious services and activities of the child's choosing, which |
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| 37 | 37 | | includes the choice not to practice a religion; |
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| 38 | 38 | | (11) confidentiality of the child's records; |
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| 39 | 39 | | (12) job skills, personal finances, and preparation |
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| 40 | 40 | | for adulthood; |
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| 41 | 41 | | (13) participation in a court hearing that involves |
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| 42 | 42 | | the child; |
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| 43 | 43 | | (14) participation in the development of service and |
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| 44 | 44 | | treatment plans; |
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| 45 | 45 | | (15) if the child has a disability, the advocacy and |
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| 46 | 46 | | protection of the rights of a person with that disability; and |
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| 47 | 47 | | (16) any other matter affecting the child's ability to |
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| 48 | 48 | | receive care and treatment in the least restrictive environment |
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| 49 | 49 | | that is most like a family setting, consistent with the best |
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| 50 | 50 | | interests and needs of the child. |
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| 51 | 51 | | SECTION 2. Section 42.042, Human Resources Code, is amended |
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| 52 | 52 | | by adding Subsection (s) to read as follows: |
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| 53 | 53 | | (s) The department may not make a rule that: |
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| 54 | 54 | | (1) discriminates based on gender, gender identity, |
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| 55 | 55 | | race, ethnicity, religion, national origin, disability, medical |
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| 56 | 56 | | problems, or sexual orientation, or |
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| 57 | 57 | | (2) limits a foster child's rights to choose a |
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| 58 | 58 | | religion, or attend religious services or activities of the child's |
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| 59 | 59 | | choosing, which includes the choice not to practice a religion. |
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| 60 | 60 | | SECTION 3. Section 263.008(h), Family Code, is repealed. |
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| 61 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2017. |
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