Texas 2021 - 87th Regular

Texas House Bill HB1641 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1219 MLH-D
2	2	By: Sherman, Sr. H.B. No. 1641
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights of a foster parent.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 263, Family Code, is
10	10	amended by adding Section 263.0081 to read as follows:
11	11	Sec. 263.0081. FOSTER PARENT'S BILL OF RIGHTS. (a) In this
12	12	section:
13	13	(1) "Child-placing agency" has the meaning assigned by
14	14	Section 42.002, Human Resources Code.
15	15	(2) "Foster care" means the temporary placement of a
16	16	child who is in the conservatorship of the department or an
17	17	authorized agency in a facility licensed or certified under Chapter
18	18	42, Human Resources Code, in which care is provided for 24 hours a
19	19	day.
20	20	(3) "Foster parent's bill of rights" means the rights
21	21	described by Subsection (c).
22	22	(b) The state recognizes that foster parents:
23	23	(1) play an important and significant role in the
24	24	lives of foster children;
25	25	(2) are an essential part of the child protective
26	26	services system; and
27	27	(3) should be treated with respect by all employees of
28	28	the department and child-placing agency.
29	29	(c) It is the policy of this state that, to the extent
30	30	provided by state or federal law or policy, each foster parent has
31	31	the right:
32	32	(1) to be treated with dignity, respect, and
33	33	consideration as a professional member of the child protective
34	34	services team;
35	35	(2) to be free from being discriminated against on the
36	36	basis of religion, race, color, sex, national origin, age, or
37	37	disability;
38	38	(3) to be assured that all members of the foster
39	39	parent's family are safe from physical violence, emotional abuse,
40	40	and harassment;
41	41	(4) to be given standardized preservice training,
42	42	including cultural competence training and appropriate ongoing
43	43	training to meet mutually assessed needs and improve the foster
44	44	parent's skills;
45	45	(5) to be informed of the contact information of and
46	46	the process to contact the appropriate child-placing agency or
47	47	other source to receive information and assistance and to access
48	48	supportive services 24 hours a day, seven days a week;
49	49	(6) to receive timely financial reimbursement
50	50	commensurate with the level of care the foster child requires,
51	51	considering any medical or psychiatric care specified in the
52	52	child's service plan, any previous hospitalization due to medical
53	53	or psychiatric care, and the child's runaway status;
54	54	(7) to receive post-placement counseling for loss,
55	55	secondary trauma, and grief;
56	56	(8) to communicate with other professionals who work
57	57	with foster children, including therapists, physicians, and
58	58	teachers;
59	59	(9) to be considered as a placement option for a foster
60	60	child who was formerly placed with the foster parent if the child
61	61	reenters foster care, subject to a determination that the placement
62	62	is consistent with the best interest of the child and any other
63	63	child in the foster parent's home;
64	64	(10) to refuse a placement;
65	65	(11) to file a grievance and be informed of the process
66	66	for filing a grievance;
67	67	(12) to have timely notice of and access to the appeals
68	68	process of the department or child-placing agency, as appropriate;
69	69	(13) to be free from acts of harassment and
70	70	retaliation by any other party when exercising the right to appeal
71	71	or refuse a placement;
72	72	(14) to be given, in a consistent and timely manner,
73	73	any information:
74	74	(A) that is pertinent to the care and needs of the
75	75	child or to the child's permanency plan and essential to the foster
76	76	parent's understanding of the needs of and care required for the
77	77	child, including information regarding the foster child and the
78	78	foster child's family and information related to previous
79	79	placements; and
80	80	(B) that the child's family consents to disclose
81	81	regarding the child or the child's family;
82	82	(15) to be provided a clear, written accounting of a
83	83	child-placing agency's plan concerning the placement of a foster
84	84	child in the foster parent's home, including a summary of the foster
85	85	parent's responsibility to support activities that promote the
86	86	foster child's right to relationships with the child's family and
87	87	cultural heritage;
88	88	(16) to provide input concerning the service plan for
89	89	the child and to have that input fully considered in the same manner
90	90	as information presented by any other child protective services
91	91	professional;
92	92	(17) except as otherwise provided by a court order or
93	93	when a child is at imminent risk of harm, to be given written notice
94	94	of and a description of the reasons for:
95	95	(A) changes in a foster child's case plan; or
96	96	(B) any plan to terminate the placement of the
97	97	child with the foster parent;
98	98	(18) to be notified of relevant staffing and scheduled
99	99	meetings regarding the foster child to allow the foster parent to
100	100	actively participate in the case-planning and decision-making
101	101	process with regards to the child, including individual service
102	102	planning meetings, administrative case reviews, interdisciplinary
103	103	staffings, and individual educational planning meetings;
104	104	(19) to receive written notice in a timely manner of
105	105	all court hearings, including the following details:
106	106	(A) the date and time;
107	107	(B) the name of the judge or hearing officer;
108	108	(C) the location; and
109	109	(D) the docket number;
110	110	(20) to be reminded in writing that the foster parent
111	111	has a right to speak at the court hearings;
112	112	(21) to be informed of decisions made by the court or
113	113	the department concerning the child;
114	114	(22) to be provided a fair, timely, and impartial
115	115	investigation of any complaint concerning the foster parent's
116	116	licensure;
117	117	(23) to be provided an opportunity to have a person of
118	118	the foster parent's choosing present during any investigation;
119	119	(24) to receive mediation or an administrative review,
120	120	or both, regarding decisions that affect the foster parent's
121	121	license; and
122	122	(25) to be presented with a specific explanation of
123	123	any licensing corrective action plan, including the specific
124	124	licensing standard violated.
125	125	(d) The department or the child-placing agency that places a
126	126	foster child with a foster parent shall:
127	127	(1) provide the foster parent with:
128	128	(A) a written copy of the foster parent's bill of
129	129	rights; and
130	130	(B) the grievance process; and
131	131	(2) orally inform the foster parent of the rights
132	132	provided by the foster parent's bill of rights.
133	133	(e) The department's child protective services division or
134	134	a contractor shall provide the cultural competence training
135	135	described by Subsection (c)(4) to help foster parents provide care
136	136	that is respectful of the child's cultural identity and needs. The
137	137	training must:
138	138	(1) help the foster parents learn cultural competence;
139	139	and
140	140	(2) specifically address cultural needs of children,
141	141	including information on:
142	142	(A) skin and hair care;
143	143	(B) any specific religious or cultural practices
144	144	of the child's biological family; and
145	145	(C) referrals to community resources for ongoing
146	146	education and support.
147	147	(f) The commissioner of the department shall ensure that the
148	148	rules and policies governing foster care are consistent with the
149	149	state policy outlined by Subsection (c).
150	150	SECTION 2. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2021.