Texas 2025 - 89th Regular

Texas Senate Bill SB2454 Compare Versions

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

Old	New	Differences
1	1	89R10620 RAL-F
2	2	By: Hancock S.B. No. 2454
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights and responsibilities of a foster parent.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 263, Family Code, is
12	12	amended by adding Section 263.0081 to read as follows:
13	13	Sec. 263.0081. FOSTER PARENT'S BILL OF RIGHTS AND
14	14	RESPONSIBILITIES. (a) In this section:
15	15	(1) "Child-placing agency" has the meaning assigned by
16	16	Section 42.002, Human Resources Code.
17	17	(2) "Foster care" means the temporary placement of a
18	18	child who is in the conservatorship of the department or an
19	19	authorized agency in a facility licensed or certified under Chapter
20	20	42, Human Resources Code, in which care is provided for 24 hours a
21	21	day.
22	22	(3) "Foster parent's bill of rights and
23	23	responsibilities" means the rights and responsibilities described
24	24	by Subsections (b) and (c).
25	25	(b) It is the policy of this state that, to the extent
26	26	provided by state or federal law or policy, each foster parent has
27	27	the right:
28	28	(1) to be free from being discriminated against on the
29	29	basis of religion, race, color, sex, national origin, age, or
30	30	disability;
31	31	(2) to be assured that all members of the foster
32	32	parent's family are safe from physical violence, emotional abuse,
33	33	and harassment;
34	34	(3) to be given standardized preservice training,
35	35	including cultural competence training and appropriate ongoing
36	36	training to meet mutually assessed needs and improve the foster
37	37	parent's skills;
38	38	(4) to receive timely financial reimbursement
39	39	commensurate with the level of care the foster child requires,
40	40	including any reimbursement for property damage caused by the child
41	41	in an amount not to exceed $500;
42	42	(5) to receive post-placement counseling for loss,
43	43	secondary trauma, and grief;
44	44	(6) to communicate with other professionals who work
45	45	with foster children, including therapists, physicians, and
46	46	teachers;
47	47	(7) to be considered as a placement option for a foster
48	48	child who was formerly placed with the foster parent if the child
49	49	reenters foster care, subject to a determination that the placement
50	50	is consistent with the best interest of the child and any other
51	51	child in the foster parent's home;
52	52	(8) to file a grievance and be informed of the process
53	53	for filing a grievance;
54	54	(9) to have timely notice of and access to the appeals
55	55	process of the department or child-placing agency, as appropriate;
56	56	(10) to communicate and collaborate with the child's
57	57	service planning team to obtain further educational services for
58	58	the child to ensure the child's educational needs are met,
59	59	including an individualized education program, tutoring,
60	60	occupational therapy, speech therapy, and after school programs;
61	61	(11) to be free from acts of harassment and
62	62	retaliation by any other party when exercising a right under
63	63	Subdivision (9) or (10);
64	64	(12) to be given, in a consistent and timely manner,
65	65	any information that:
66	66	(A) is pertinent to the care and needs of the
67	67	child or to the child's permanency plan and essential to the foster
68	68	parent's understanding of the needs of and care required for the
69	69	child, including information regarding the foster child and the
70	70	foster child's family and information related to previous
71	71	placements; and
72	72	(B) the child's family consents to disclose
73	73	regarding the child or the child's family;
74	74	(13) to be provided a clear, written accounting of a
75	75	child-placing agency's plan concerning the placement of a foster
76	76	child in the foster parent's home, including a summary of the foster
77	77	parent's responsibility to support activities that promote the
78	78	foster child's right to relationships with the child's family and
79	79	cultural heritage;
80	80	(14) to provide input concerning the service plan for
81	81	the child and to have that input fully considered in the same manner
82	82	as information presented by any other child protective services
83	83	professional;
84	84	(15) except as otherwise provided by a court order or
85	85	when a child is at imminent risk of harm, to be given written notice
86	86	of and a description of the reasons for:
87	87	(A) changes in a foster child's case plan; or
88	88	(B) any plan to terminate the placement of the
89	89	child with the foster parent;
90	90	(16) to be notified of and attend all relevant
91	91	staffing and scheduled meetings regarding the foster child to allow
92	92	the foster parent to actively participate in the case-planning and
93	93	decision-making process with regards to the child, including
94	94	individual service planning meetings, administrative case reviews,
95	95	interdisciplinary staffings, and individualized education program
96	96	meetings;
97	97	(17) to be provided a fair, timely, and impartial
98	98	investigation of any complaint concerning the foster parent's
99	99	licensure;
100	100	(18) to be provided an opportunity to have a person of
101	101	the foster parent's choosing present during any investigation;
102	102	(19) to be presented with a specific explanation of
103	103	any licensing corrective action plan, including the specific
104	104	licensing standard violated;
105	105	(20) to be notified of all benchmarks that must be met
106	106	by the foster parent, including appointments for the child, home
107	107	visits, visiting the child at school, and visits with the child's
108	108	family in accordance with a visitation plan developed under Section
109	109	263.107;
110	110	(21) to communicate with the child's guardian ad litem
111	111	and set up independent meetings between the child and the guardian
112	112	ad litem;
113	113	(22) to attend and speak at all court hearings;
114	114	(23) to request to communicate with the child's
115	115	family, former foster parents, and prospective and finalized
116	116	adoptive parents;
117	117	(24) to participate in the planning and scheduling of
118	118	visits under the child's visitation plan developed under Section
119	119	263.107;
120	120	(25) to be informed of any services available to
121	121	foster parents;
122	122	(26) to be provided all current medical, dental,
123	123	behavioral, educational, and psychological records and information
124	124	of the child reasonably available not later than 15 days after the
125	125	date the child is placed with the foster parent;
126	126	(27) to be provided information on:
127	127	(A) whether the child was a victim of trafficking
128	128	under Section 20A.02, Penal Code; and
129	129	(B) appropriate resources to meet the needs of a
130	130	child described by Paragraph (A), including counseling or other
131	131	services;
132	132	(28) to be provided information on the national free
133	133	or reduced-price lunch program established under 42 U.S.C. Section
134	134	1751 et seq.;
135	135	(29) to be heard regarding child-placing agency
136	136	practices the foster parent questions;
137	137	(30) to be provided the child's social security
138	138	number, if available, as soon as possible after the child is placed
139	139	with the foster parent; and
140	140	(31) to meet with the child's caseworker.
141	141	(c) It is the policy of this state that, to the extent
142	142	provided by state or federal law or policy, each foster parent has
143	143	the responsibility to:
144	144	(1) report relevant information to the child-placing
145	145	agency necessary for the care of the child placed in the foster
146	146	parent's home;
147	147	(2) function within the established goals and
148	148	objectives of the service plan to improve the general welfare of the
149	149	child;
150	150	(3) recognize problems in a placement that require
151	151	professional advice and assistance and to use available resources;
152	152	(4) prepare a foster child for any future plans that
153	153	are made, including preparing the child for reunification,
154	154	termination of parental rights, or adoption;
155	155	(5) keep confidential all information shared with the
156	156	foster parent about the foster child and the child's family; and
157	157	(6) cooperate with any reunification plan.
158	158	(d) The department or the child-placing agency that places a
159	159	foster child with a foster parent shall:
160	160	(1) provide the foster parent with:
161	161	(A) a written copy of the foster parent's bill of
162	162	rights and responsibilities; and
163	163	(B) the grievance process; and
164	164	(2) orally inform the foster parent of the rights and
165	165	responsibilities provided by the foster parent's bill of rights and
166	166	responsibilities.
167	167	(e) The commissioner of the department shall ensure that the
168	168	rules and policies governing foster care are consistent with the
169	169	state policy outlined by Subsections (b) and (c).
170	170	SECTION 2. Section 263.109, Family Code, is amended by
171	171	adding Subsection (d) to read as follows:
172	172	(d) If the use of a controlled substance listed in Penalty
173	173	Group 1-B, Section 481.1022, Health and Safety Code, has been
174	174	relevant to a case, the court shall render an order requiring a
175	175	parent to submit to drug testing before the initial visit under an
176	176	original visitation plan may take place. At any hearing held under
177	177	this chapter after the date an original or amended visitation plan
178	178	is reviewed by the court, the court may render an order requiring a
179	179	parent to submit to additional drug testing as the court determines
180	180	appropriate to protect the health and safety of the child.
181	181	SECTION 3. Subchapter B, Chapter 264, Family Code, is
182	182	amended by adding Sections 264.1062 and 264.1074 to read as
183	183	follows:
184	184	Sec. 264.1062. PROSPECTIVE FOSTER PARENT APPEALS PROCESS.
185	185	The department shall establish a process for prospective foster
186	186	parents to appeal a denied home assessment for potential placement.
187	187	Sec. 264.1074. IDENTIFICATION DOCUMENTATION FOR FOSTER
188	188	CHILDREN. As soon as possible after a child is placed in the
189	189	managing conservatorship of the department, the department shall
190	190	obtain the following documents for each child:
191	191	(1) a certified copy of the child's birth certificate;
192	192	and
193	193	(2) a social security card or a replacement social
194	194	security card.
195	195	SECTION 4. Section 263.109(d), Family Code, as added by
196	196	this Act, applies only to a visitation plan adopted or modified on
197	197	or after the effective date of this Act. A visitation plan adopted
198	198	or modified before the effective date is governed by the law in
199	199	effect on the date the visitation plan was adopted or modified, and
200	200	the former law is continued in effect for that purpose.
201	201	SECTION 5. This Act takes effect immediately if it receives
202	202	a vote of two-thirds of all the members elected to each house, as
203	203	provided by Section 39, Article III, Texas Constitution. If this
204	204	Act does not receive the vote necessary for immediate effect, this
205	205	Act takes effect September 1, 2025.