By: Bucy, Harris of Anderson, Garcia, Frank, H.B. No. 3765
      Ashby, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a supply of luggage by the
  Department of Family and Protective Services for the transport of
  the personal belongings of a foster child.
         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)  luggage to transport the child's personal
  belongings;
               (4)  medical, dental, vision, and mental health
  services, including the right of the child to consent to treatment;
               (5) [(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;
               (6) [(5)]  placement with the child's siblings and
  contact with members of the child's family;
               (7) [(6)]  privacy and searches, including the use of
  storage space, mail, and the telephone;
               (8) [(7)]  participation in school-related
  extracurricular or community activities;
               (9) [(8)]  interaction with persons outside the foster
  care system, including teachers, church members, mentors, and
  friends;
               (10) [(9)]  contact and communication with
  caseworkers, attorneys ad litem, guardians ad litem, and
  court-appointed special advocates;
               (11) [(10)]  religious services and activities;
               (12) [(11)]  confidentiality of the child's records;
               (13) [(12)]  job skills, personal finances, and
  preparation for adulthood;
               (14) [(13)]  participation in a court hearing that
  involves the child;
               (15) [(14)]  participation in the development of
  service and treatment plans;
               (16) [(15)]  if the child has a disability, the
  advocacy and protection of the rights of a person with that
  disability; and
               (17) [(16)]  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.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1078 to read as follows:
         Sec. 264.1078.  LUGGAGE FOR FOSTER CHILDREN. (a) In this
  section, "luggage" means a suitcase, duffel bag, backpack, or
  similar container designed to hold an individual's personal
  belongings. 
         (b)  The department shall:
               (1)  establish and maintain a decentralized supply of
  luggage to be used to transport a foster child's personal
  belongings; and
               (2)  develop procedures for the storage and
  distribution of luggage.
         (c)  The department shall provide luggage to a child who is
  being removed from the child's home or changing placement. Luggage
  provided to a child under this subsection belongs to the child and
  may not be reclaimed by the department or retained by the child's
  foster parent. The department is not required to provide new
  luggage under this subsection to a child who is changing placement
  and has the luggage previously provided by the department.
         (d)  The department shall maintain a record of each time a
  trash bag is used to move a foster child's personal belongings. The
  record must include the reason the department did not provide the
  child with appropriate luggage to move the child's personal
  belongings. 
         (e)  The department shall submit an annual report to the
  legislature that includes a summary of:
               (1)  the number of times a trash bag was used to
  transport a foster child's personal belongings and the reasons the
  department failed to provide the child with appropriate luggage;
  and 
               (2)  the department's supply inventory and inventory
  management practices for the luggage supply maintained under
  Subsection (b).
         (f)  The department may solicit and accept gifts, grants, and
  donations of any kind and from any source for purposes of this
  section.
         SECTION 3.  This Act takes effect September 1, 2023.