By: Rodriguez of Travis H.B. No. 4124
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. Section 263.008(b), Family Code, is amended by
to read as follows:
(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, which includes discrimination and harassment based on
gender, gender identity, race, ethnicity, religion, national
origin, disability, medical problems or sexual orientation;
(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) the freedom to choose a religion or attend
religious services and activities of the child's choosing, which
includes the choice not to practice a religion;
(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.
SECTION 2. Section 42.042, Human Resources Code, is amended
by adding Subsection (s) to read as follows:
(s) The department may not make a rule that:
(1) discriminates based on gender, gender identity,
race, ethnicity, religion, national origin, disability, medical
problems, or sexual orientation, or
(2) limits a foster child's rights to choose a
religion, or attend religious services or activities of the child's
choosing, which includes the choice not to practice a religion.
SECTION 3. Section 263.008(h), Family Code, is repealed.
SECTION 4. 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, 2017.