1 | 1 | | H.B. No. 3765 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the establishment of a supply of luggage by the |
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6 | 6 | | Department of Family and Protective Services for the transport of |
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7 | 7 | | the personal belongings of a foster child. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 263.008(b), Family Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) It is the policy of this state that each child in foster |
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12 | 12 | | care be informed of the child's rights provided by state or federal |
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13 | 13 | | law or policy that relate to: |
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14 | 14 | | (1) abuse, neglect, exploitation, discrimination, and |
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15 | 15 | | harassment; |
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16 | 16 | | (2) food, clothing, shelter, and education; |
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17 | 17 | | (3) luggage to transport the child's personal |
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18 | 18 | | belongings; |
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19 | 19 | | (4) medical, dental, vision, and mental health |
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20 | 20 | | services, including the right of the child to consent to treatment; |
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21 | 21 | | (5) [(4)] emergency behavioral intervention, |
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22 | 22 | | including what methods are permitted, the conditions under which it |
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23 | 23 | | may be used, and the precautions that must be taken when |
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24 | 24 | | administering it; |
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25 | 25 | | (6) [(5)] placement with the child's siblings and |
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26 | 26 | | contact with members of the child's family; |
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27 | 27 | | (7) [(6)] privacy and searches, including the use of |
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28 | 28 | | storage space, mail, and the telephone; |
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29 | 29 | | (8) [(7)] participation in school-related |
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30 | 30 | | extracurricular or community activities; |
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31 | 31 | | (9) [(8)] interaction with persons outside the foster |
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32 | 32 | | care system, including teachers, church members, mentors, and |
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33 | 33 | | friends; |
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34 | 34 | | (10) [(9)] contact and communication with |
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35 | 35 | | caseworkers, attorneys ad litem, guardians ad litem, and |
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36 | 36 | | court-appointed special advocates; |
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37 | 37 | | (11) [(10)] religious services and activities; |
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38 | 38 | | (12) [(11)] confidentiality of the child's records; |
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39 | 39 | | (13) [(12)] job skills, personal finances, and |
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40 | 40 | | preparation for adulthood; |
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41 | 41 | | (14) [(13)] participation in a court hearing that |
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42 | 42 | | involves the child; |
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43 | 43 | | (15) [(14)] participation in the development of |
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44 | 44 | | service and treatment plans; |
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45 | 45 | | (16) [(15)] if the child has a disability, the |
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46 | 46 | | advocacy and protection of the rights of a person with that |
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47 | 47 | | disability; and |
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48 | 48 | | (17) [(16)] any other matter affecting the child's |
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49 | 49 | | ability to receive care and treatment in the least restrictive |
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50 | 50 | | environment that is most like a family setting, consistent with the |
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51 | 51 | | best interests and needs of the child. |
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52 | 52 | | SECTION 2. Subchapter B, Chapter 264, Family Code, is |
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53 | 53 | | amended by adding Section 264.1078 to read as follows: |
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54 | 54 | | Sec. 264.1078. LUGGAGE FOR FOSTER CHILDREN. (a) In this |
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55 | 55 | | section, "luggage" means a suitcase, duffel bag, backpack, or |
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56 | 56 | | similar container designed to hold an individual's personal |
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57 | 57 | | belongings. |
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58 | 58 | | (b) The department shall: |
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59 | 59 | | (1) establish and maintain a decentralized supply of |
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60 | 60 | | luggage to be used to transport a foster child's personal |
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61 | 61 | | belongings; and |
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62 | 62 | | (2) develop procedures for the storage and |
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63 | 63 | | distribution of luggage. |
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64 | 64 | | (c) The department shall provide luggage to a child who is |
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65 | 65 | | being removed from the child's home or changing placement. Luggage |
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66 | 66 | | provided to a child under this subsection belongs to the child and |
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67 | 67 | | may not be reclaimed by the department or retained by the child's |
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68 | 68 | | foster parent. The department is not required to provide new |
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69 | 69 | | luggage under this subsection to a child who is changing placement |
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70 | 70 | | and has the luggage previously provided by the department. |
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71 | 71 | | (d) The department shall maintain a record of each time a |
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72 | 72 | | trash bag is used to move a foster child's personal belongings. The |
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73 | 73 | | record must include the reason the department did not provide the |
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74 | 74 | | child with appropriate luggage to move the child's personal |
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75 | 75 | | belongings. |
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76 | 76 | | (e) The department shall submit an annual report to the |
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77 | 77 | | legislature that includes a summary of: |
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78 | 78 | | (1) the number of times a trash bag was used to |
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79 | 79 | | transport a foster child's personal belongings and the reasons the |
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80 | 80 | | department failed to provide the child with appropriate luggage; |
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81 | 81 | | and |
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82 | 82 | | (2) the department's supply inventory and inventory |
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83 | 83 | | management practices for the luggage supply maintained under |
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84 | 84 | | Subsection (b). |
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85 | 85 | | (e-1) This subsection and Subsection (e) expire September |
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86 | 86 | | 1, 2025. |
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87 | 87 | | (f) The department may solicit and accept gifts, grants, and |
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88 | 88 | | donations of any kind and from any source for purposes of this |
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89 | 89 | | section. |
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90 | 90 | | SECTION 3. This Act takes effect September 1, 2023. |
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91 | 91 | | ______________________________ ______________________________ |
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92 | 92 | | President of the Senate Speaker of the House |
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93 | 93 | | I certify that H.B. No. 3765 was passed by the House on May 9, |
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94 | 94 | | 2023, by the following vote: Yeas 130, Nays 15, 2 present, not |
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95 | 95 | | voting; and that the House concurred in Senate amendments to H.B. |
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96 | 96 | | No. 3765 on May 19, 2023, by the following vote: Yeas 120, Nays 21, |
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97 | 97 | | 2 present, not voting. |
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98 | 98 | | ______________________________ |
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99 | 99 | | Chief Clerk of the House |
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100 | 100 | | I certify that H.B. No. 3765 was passed by the Senate, with |
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101 | 101 | | amendments, on May 17, 2023, by the following vote: Yeas 27, Nays |
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102 | 102 | | 4. |
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103 | 103 | | ______________________________ |
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104 | 104 | | Secretary of the Senate |
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105 | 105 | | APPROVED: __________________ |
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106 | 106 | | Date |
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107 | 107 | | __________________ |
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108 | 108 | | Governor |
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