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Amend CSSB 69 (Senate committee printing) by adding the
following appropriately numbered SECTION to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.007 to read as follows:
Sec. 263.007. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In
this section:
(1) "Agency foster group home," "agency foster home,"
"facility," "foster group home," and "foster home" have the
meanings assigned by Section 42.002, Human Resources Code.
(2) "Foster care" means the placement of a child who is
in the conservatorship of the department or an authorized agency
and in care outside the child's home in an agency foster group home,
agency foster home, foster group home, foster home, or another
facility licensed or certified under Chapter 42, Human Resources
Code, in which care is provided for 24 hours a day.
(3) "Foster children's bill of rights" means a list of
rights described by Subsection (b).
(b) It is the policy of this state that each child in foster
care be informed of the child's rights under state or federal law or
policy that relate to:
(1) abuse, neglect, exploitation, discrimination, and
harassment;
(2) food, clothing, shelter, and education;
(3) medical, dental, vision, and mental health
services, including when the child may have the right to consent to
treatment;
(4) emergency behavior intervention, including what
methods are permitted and not permitted, when emergency behavior
intervention may be used, precautions that caregivers must take
before, during, and after implementing emergency behavior
intervention;
(5) placement with siblings and contacts with members
of the child's family;
(6) privacy, including storage space, searches, mail,
and telephone conversations;
(7) participation in school-related extracurricular
or community activities;
(8) interactions with persons outside of the foster
care system, including teachers, church members, mentors, and
friends;
(9) contact and communication with a caseworker,
attorney ad litem, guardian ad litem, and court-appointed special
advocate;
(10) religious services and activities;
(11) confidentiality of the child's records;
(12) job skills, personal finances, and preparation
for adulthood;
(13) participation in court hearings that involve the
child;
(14) participation in the development of service and
treatment plans;
(15) the advocacy and protection of rights of a child
with a disability; and
(16) any other subject 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.
(c) The department shall provide a written copy of the
foster children's bill of rights to each child placed in foster care
in the child's primary language, if possible, and shall inform the
child of the rights provided by the foster children's bill of
rights:
(1) orally in the child's primary language, if
possible, and in simple, nontechnical terms; or
(2) for a child who has a disability, including an
impairment of vision or hearing, through any means that can
reasonably be expected to result in successful communication with
the child.
(d) A child placed in foster care may, at the child's
option, sign a document acknowledging the child's understanding of
the foster children's bill of rights after the department provides
a written copy of the foster children's bill of rights to the child
and informs the child of the rights provided by that bill of rights
in accordance with Subsection (c). If a child signs a document
acknowledging the child's understanding of the foster children's
bill of rights, the document must be placed in the child's case
file.
(e) An agency foster group home, agency foster home, foster
group home, foster home, or other facility in which a child is
placed in foster care shall provide a copy of the foster children's
bill of rights to a child on the child's request. The foster
children's bill of rights must be printed in English and in a second
language.
(f) The department shall promote the participation of
foster children and former foster children in educating other
foster children about the foster children's bill of rights.
(g) Except as provided by this subsection, the executive
commissioner of the Health and Human Services Commission and the
department, as appropriate, shall ensure that the rules and
policies governing foster care are consistent with the state policy
outlined by Subsection (b). The executive commissioner or the
department, as appropriate, may adopt rules or policies that
provide greater protections for the rights of children in foster
care.
(h) The department shall develop and implement a policy for
receiving and handling reports that a foster child's rights are not
being met. The department shall inform a child and, as appropriate,
the child's managing conservator or guardian of the method for
reporting to the department that the child's rights are not being
met.
(i) This section does not create a cause of action.