| 1 | 1 | | 86R13161 MCK-D |
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| 2 | 2 | | By: Watson S.B. No. 1347 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the investigation of a complaint made by a foster child |
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| 8 | 8 | | or youth and the results of the investigation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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| 11 | 11 | | amended by adding Section 261.317 to read as follows: |
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| 12 | 12 | | Sec. 261.317. NOTICE OF RESULTS OF INQUIRY BY FOSTER CARE |
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| 13 | 13 | | OMBUDSMAN. (a) The department shall notify a child in the |
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| 14 | 14 | | conservatorship of the department of the outcome of an inquiry of |
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| 15 | 15 | | the ombudsman for children and youth in foster care relating to a |
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| 16 | 16 | | report made by the child if it is in the best interests of the child. |
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| 17 | 17 | | (b) The department shall ensure that the child is provided |
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| 18 | 18 | | access to counseling and any other assistance the child may need |
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| 19 | 19 | | relating to the circumstances that gave rise to the report. |
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| 20 | 20 | | SECTION 2. Section 263.008(b), Family Code, is amended to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (b) It is the policy of this state that each child in foster |
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| 23 | 23 | | care be informed of the child's rights provided by state or federal |
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| 24 | 24 | | law or policy that relate to: |
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| 25 | 25 | | (1) abuse, neglect, exploitation, discrimination, and |
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| 26 | 26 | | harassment; |
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| 27 | 27 | | (2) food, clothing, shelter, and education; |
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| 28 | 28 | | (3) medical, dental, vision, and mental health |
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| 29 | 29 | | services, including the right of the child to consent to treatment; |
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| 30 | 30 | | (4) emergency behavioral intervention, including what |
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| 31 | 31 | | methods are permitted, the conditions under which it may be used, |
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| 32 | 32 | | and the precautions that must be taken when administering it; |
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| 33 | 33 | | (5) placement with the child's siblings and contact |
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| 34 | 34 | | with members of the child's family; |
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| 35 | 35 | | (6) privacy and searches, including the use of storage |
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| 36 | 36 | | space, mail, and the telephone; |
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| 37 | 37 | | (7) participation in school-related extracurricular |
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| 38 | 38 | | or community activities; |
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| 39 | 39 | | (8) interaction with persons outside the foster care |
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| 40 | 40 | | system, including teachers, church members, mentors, and friends; |
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| 41 | 41 | | (9) contact and communication with caseworkers, |
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| 42 | 42 | | attorneys ad litem, guardians ad litem, and court-appointed special |
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| 43 | 43 | | advocates; |
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| 44 | 44 | | (10) religious services and activities; |
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| 45 | 45 | | (11) confidentiality of the child's records; |
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| 46 | 46 | | (12) job skills, personal finances, and preparation |
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| 47 | 47 | | for adulthood; |
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| 48 | 48 | | (13) participation in a court hearing that involves |
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| 49 | 49 | | the child; |
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| 50 | 50 | | (14) participation in the development of service and |
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| 51 | 51 | | treatment plans; |
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| 52 | 52 | | (15) if the child has a disability, the advocacy and |
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| 53 | 53 | | protection of the rights of a person with that disability; [and] |
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| 54 | 54 | | (16) information relating to a report made by the |
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| 55 | 55 | | child to the ombudsman for children and youth in foster care, |
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| 56 | 56 | | including: |
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| 57 | 57 | | (A) the right to be notified that the report has |
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| 58 | 58 | | been received and is being investigated; |
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| 59 | 59 | | (B) the steps the ombudsman has taken in the |
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| 60 | 60 | | investigation; and |
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| 61 | 61 | | (C) if it is in the child's best interest, the |
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| 62 | 62 | | results of the ombudsman's investigation; and |
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| 63 | 63 | | (17) any other matter affecting the child's ability to |
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| 64 | 64 | | receive care and treatment in the least restrictive environment |
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| 65 | 65 | | that is most like a family setting, consistent with the best |
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| 66 | 66 | | interests and needs of the child. |
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| 67 | 67 | | SECTION 3. Section 531.993, Government Code, is amended by |
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| 68 | 68 | | adding Subsections (b-1) and (c-1) to read as follows: |
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| 69 | 69 | | (b-1) Not later than the fifth day of each month, the |
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| 70 | 70 | | ombudsman shall compile a report regarding the investigations the |
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| 71 | 71 | | ombudsman completed during the preceding month. The report must |
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| 72 | 72 | | include: |
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| 73 | 73 | | (1) a summary of each complaint that was investigated; |
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| 74 | 74 | | (2) the ombudsman's final determination; and |
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| 75 | 75 | | (3) any corrective action recommended by the |
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| 76 | 76 | | ombudsman. |
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| 77 | 77 | | (c-1) The department and the commission's child care |
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| 78 | 78 | | licensing division shall provide written notice to the ombudsman on |
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| 79 | 79 | | whether the department or child care licensing division adopted or |
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| 80 | 80 | | rejected the ombudsman's recommended corrective action. If the |
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| 81 | 81 | | department or child care licensing division rejects a recommended |
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| 82 | 82 | | corrective action, the department or division shall include in the |
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| 83 | 83 | | notice the reason for the rejection. |
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| 84 | 84 | | SECTION 4. This Act takes effect September 1, 2019. |
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