By: Gallego H.B. No. 3137

A BILL TO BE ENTITLED

AN ACT

relating to a foster parent's bill of rights.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 263, Family Code, is amended by adding Section 263.008 to read as follows:

Sec. 263.008. FOSTER PARENT'S BILL OF RIGHTS. (a) In this section:

(1) "Agency foster group home," "agency foster home," "child-placing agency," "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 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.

(b) The state recognizes that foster parents:

(1) play an important and significant role in the life of foster children;

(2) are an essential part of the child protective services system; and

(3) should be treated with respect by all members of the child protective services team.

(c) It is the policy of this state that, to the extent provided by state or federal law or policy, each foster parent has the right:

(1) to be treated with dignity, respect, and consideration as a professional member of the child protective services team;

(2) to be given standardized preservice training and appropriate ongoing training to meet mutually assessed needs and improve the foster parent's skills;

(3) to be informed of the contact information of and the process to contact the appropriate child-placing agency or other source to receive information and assistance and to access supportive services for a foster child in the foster parent's care;

(4) to receive timely financial reimbursement commensurate with the care and needs of a foster child as specified in the child's service plan;

(5) to be informed of how to receive services and reach individuals at the child-placing agency or the department, 24 hours a day, seven days a week;

(6) to be provided a clear, written understanding of a child-placing agency's plan concerning the placement of a foster child in the foster parent's home, including the foster parent's responsibility to support activities that promote the foster child's right to relationships with the child's family and cultural heritage;

(7) to receive additional and necessary information regarding a foster child while the child is placed with the foster parent;

(8) to be notified of scheduled meetings and staffings regarding the foster child to allow the foster parent to actively participate in the case-planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary staffings, and individual educational planning meetings;

(9) to be informed of decisions made by the court or the department concerning the child;

(10) to provide input concerning the plan of services for the child and to have that input fully considered in the same manner as information presented by any other professional on the child protective services team;

(11) to communicate with other professionals who work with foster children, including therapists, physicians, and teachers;

(12) to be given, in a consistent and timely manner, all information a caseworker has regarding a foster child and the child's family that is pertinent to the care and needs of the child or to the child's permanency plan and essential to the foster parent's understanding of the needs of and care required for the child and any additional information regarding the child or the child's family, which the child's family consents to disclose;

(13) to be notified in a timely manner of all court hearings, including to be provided a statement that the foster parent has the right to speak at the hearing, and to be notified of the following details regarding the hearing:

(A) the date and time;

(B) the name of the judge or hearing officer;

(C) the location; and

(D) the docket number;

(14) to be provided a fair, timely, and impartial investigation of any complaint concerning the foster parent's licensure;

(15) to be provided an opportunity to have a person of the foster parent's choosing present during any investigation;

(16) to receive mediation or an administrative review, or both, regarding decisions that affect licensing parameters;

(17) to be presented with a specific explanation of any licensing corrective action plan, including the specific licensing standard violated;

(18) except as otherwise provided by a court order or when a child is at imminent risk of harm, to be given written notice and a description of the reasons for:

(A) changes in a foster child's case plan; or

(B) any plan to terminate the placement of the child with the foster parent;

(19) to have timely access to a child-placing agency's or the department's appeals process, as appropriate, without harassment or retaliation by any person;

(20) to receive post-placement counseling for loss and grief;

(21) to be considered as a placement option when a foster child who was formerly placed with the foster parent reenters foster care if the placement is consistent with the best interest of the child and any other child in the foster parent's home;

(22) to be assured that all members of the foster parent's family are safe from physical violence, emotional abuse, and harassment; and

(23) to be free from being discriminated against on the basis of religion, race, color, sex, national origin, age, or disability.

(d) The department or the child-placing agency that places a foster child with a foster parent shall provide a written copy of the foster parent's bill of rights to each foster parent and shall orally inform the foster parent of the rights provided by the foster parent's bill of rights.

(e) 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 (c).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.