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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a foster parent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.0081 to read as follows: |
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Sec. 263.0081. FOSTER PARENT'S BILL OF RIGHTS. (a) In this |
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section: |
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(1) "Child-placing agency" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Foster care" means the temporary placement of a |
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child who is in the conservatorship of the department or an |
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authorized agency in a facility licensed or certified under Chapter |
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42, Human Resources Code, in which care is provided for 24 hours a |
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day. |
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(3) "Foster parent's bill of rights" means the rights |
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described by Subsection (c). |
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(b) The state recognizes that foster parents: |
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(1) play an important and significant role in the |
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lives of foster children; |
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(2) are an essential part of the child protective |
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services system; and |
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(3) should be treated with respect by all employees of |
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the department and child-placing agency. |
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(c) It is the policy of this state that, to the extent |
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provided by state or federal law or policy, each foster parent has |
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the right: |
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(1) to be treated with dignity, respect, and |
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consideration as a professional member of the child protective |
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services team; |
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(2) to be free from being discriminated against on the |
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basis of religion, race, color, sex, national origin, age, or |
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disability; |
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(3) to be assured that all members of the foster |
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parent's family are safe from physical violence, emotional abuse, |
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and harassment; |
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(4) to be given standardized preservice training, |
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including cultural competence training and appropriate ongoing |
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training to meet mutually assessed needs and improve the foster |
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parent's skills; |
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(5) to be informed of the contact information of and |
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the process to contact the appropriate child-placing agency or |
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other source to receive information and assistance and to access |
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supportive services 24 hours a day, seven days a week; |
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(6) to receive timely financial reimbursement |
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commensurate with the level of care the foster child requires, |
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considering any medical or psychiatric care specified in the |
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child's service plan, any previous hospitalization due to medical |
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or psychiatric care, and the child's runaway status; |
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(7) to receive post-placement counseling for loss, |
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secondary trauma, and grief; |
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(8) to communicate with other professionals who work |
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with foster children, including therapists, physicians, and |
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teachers; |
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(9) to be considered as a placement option for a foster |
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child who was formerly placed with the foster parent if the child |
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reenters foster care, subject to a determination that the placement |
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is consistent with the best interest of the child and any other |
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child in the foster parent's home; |
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(10) to refuse a placement; |
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(11) to file a grievance and be informed of the process |
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for filing a grievance; |
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(12) to have timely notice of and access to the appeals |
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process of the department or child-placing agency, as appropriate; |
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(13) to be free from acts of harassment and |
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retaliation by any other party when exercising the right to appeal |
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or refuse a placement; |
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(14) to be given, in a consistent and timely manner, |
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any information: |
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(A) that is pertinent to the care and needs of the |
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child or to the child's permanency plan and essential to the foster |
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parent's understanding of the needs of and care required for the |
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child, including information regarding the foster child and the |
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foster child's family and information related to previous |
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placements; and |
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(B) that the child's family consents to disclose |
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regarding the child or the child's family; |
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(15) to be provided a clear, written accounting of a |
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child-placing agency's plan concerning the placement of a foster |
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child in the foster parent's home, including a summary of the foster |
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parent's responsibility to support activities that promote the |
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foster child's right to relationships with the child's family and |
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cultural heritage; |
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(16) to provide input concerning the service plan for |
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the child and to have that input fully considered in the same manner |
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as information presented by any other child protective services |
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professional; |
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(17) except as otherwise provided by a court order or |
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when a child is at imminent risk of harm, to be given written notice |
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of and a description of the reasons for: |
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(A) changes in a foster child's case plan; or |
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(B) any plan to terminate the placement of the |
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child with the foster parent; |
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(18) to be notified of relevant staffing and scheduled |
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meetings regarding the foster child to allow the foster parent to |
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actively participate in the case-planning and decision-making |
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process with regards to the child, including individual service |
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planning meetings, administrative case reviews, interdisciplinary |
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staffings, and individual educational planning meetings; |
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(19) to receive written notice in a timely manner of |
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all court hearings, including the following details: |
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(A) the date and time; |
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(B) the name of the judge or hearing officer; |
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(C) the location; and |
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(D) the docket number; |
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(20) to be reminded in writing that the foster parent |
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has a right to speak at the court hearings; |
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(21) to be informed of decisions made by the court or |
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the department concerning the child; |
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(22) to be provided a fair, timely, and impartial |
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investigation of any complaint concerning the foster parent's |
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licensure; |
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(23) to be provided an opportunity to have a person of |
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the foster parent's choosing present during any investigation; |
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(24) to receive mediation or an administrative review, |
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or both, regarding decisions that affect the foster parent's |
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license; and |
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(25) to be presented with a specific explanation of |
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any licensing corrective action plan, including the specific |
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licensing standard violated. |
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(d) The department or the child-placing agency that places a |
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foster child with a foster parent shall: |
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(1) provide the foster parent with: |
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(A) a written copy of the foster parent's bill of |
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rights; and |
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(B) the grievance process; and |
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(2) orally inform the foster parent of the rights |
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provided by the foster parent's bill of rights. |
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(e) The department's child protective services division or |
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a contractor shall provide the cultural competence training |
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described by Subsection (c)(4) to help foster parents provide care |
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that is respectful of the child's cultural identity and needs. The |
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training must: |
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(1) help the foster parents learn cultural competence; |
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and |
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(2) specifically address cultural needs of children, |
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including information on: |
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(A) skin and hair care; |
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(B) any specific religious or cultural practices |
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of the child's biological family; and |
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(C) referrals to community resources for ongoing |
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education and support. |
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(f) The commissioner of the department shall ensure that the |
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rules and policies governing foster care are consistent with the |
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state policy outlined by Subsection (c). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |