By: Menéndez S.B. No. 1535
A BILL TO BE ENTITLED
AN ACT
relating to a complaint made by a foster child or youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.008(b), Family Code, is amended 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;
(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) notification of the outcome of any of the
following investigations in which the child is involved:
(A) an abuse or neglect investigation conducted
by the department;
(B) a minimum standard investigation conducted
by the Health and Human Services Commission; or
(C) an investigation of a complaint to the
division of the ombudsman for children and youth in foster care; and
(17) 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 531.993, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The department and the commission's child care
licensing division shall provide written notice to the ombudsman on
whether the department or child care licensing division adopted or
rejected any of the ombudsman's recommended corrective actions. If
the department or child care licensing division rejects a
recommended corrective action, the department or division shall
include in the notice the reason for the rejection.
SECTION 3. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9933 to read as follows:
Sec. 531.9933. COMPLAINT PROCESS FOR FOSTER CHILDREN AND
YOUTH SERVED BY SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In this
section:
(1) "Contractor" means a single source continuum
contractor in this state providing services identified under
Subchapter B-1, Chapter 264, Family Code.
(2) "Division" means the division of the ombudsman for
children and youth in foster care created under Section 531.9931.
(b) A child or youth in the conservatorship of the
department and served by a contractor may file a complaint directly
with the division and is not required to file an initial complaint
with the contractor.
(c) The division may access the internal records of a
contractor that are relevant to a complaint filed under this
section and not included in the department's automated case
tracking and information management system.
(d) The division shall provide written notice of the results
of the investigation of a complaint filed under this section to:
(1) the child or youth who filed the complaint;
(2) the child's or youth's contractor; and
(3) the department.
(e) Each contractor in this state shall provide to the
division:
(1) the contractor's contact information for the
division to receive records and provide notice under this section;
and
(2) updates to the contact information as necessary.
(f) A contractor may not directly or indirectly use or cause
to be used the term "ombudsman" to describe the contractor or the
contractor's internal complaint process.
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, 2019.