86R32859 SCL-D
By: Menéndez S.B. No. 1535
(Frank)
Substitute the following for S.B. No. 1535: No.
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 Subsections (c-1) and (c-2) to read as follows:
(c-1) Not later than the fifth day of each month, the
ombudsman shall compile and provide to the department and the
commission's child care licensing division a written report
regarding the investigations completed during the preceding month.
For each complaint investigated, the report must include:
(1) a summary of the complaint;
(2) the ombudsman's final determination; and
(3) any corrective action recommended by the
ombudsman.
(c-2) The department or the commission's child care
licensing division, as applicable, shall provide written notice to
the ombudsman on whether the department or division adopted or
rejected any of the ombudsman's recommended corrective actions. If
the department or 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. A child or youth in the conservatorship of the department
may file a complaint directly with the ombudsman, regardless of
whether the child or youth is served directly by the department or
by a single source continuum contractor providing services for the
department under Subchapter B-1, Chapter 264, Family Code, as added
by Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
Session, 2017.
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.