H.B. No. 2170
 
 
 
 
AN ACT
  relating to the rights of a foster child and to assisting a foster
  child in obtaining the child's credit report.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.007 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 the
  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 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)  medical, dental, vision, and mental health
  services, including the right of the child to consent to treatment;
               (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;
               (5)  placement with the child's siblings and contact
  with members of the child's family;
               (6)  privacy and searches, including the use of storage
  space, mail, and the telephone;
               (7)  participation in school-related extracurricular
  or community activities;
               (8)  interaction with persons outside the foster care
  system, including teachers, church members, mentors, and friends;
               (9)  contact and communication with caseworkers,
  attorneys ad litem, guardians ad litem, and court-appointed special
  advocates;
               (10)  religious services and activities;
               (11)  confidentiality of the child's records;
               (12)  job skills, personal finances, and preparation
  for adulthood;
               (13)  participation in a court hearing that involves
  the child;
               (14)  participation in the development of service and
  treatment plans;
               (15)  if the child has a disability, the advocacy and
  protection of the rights of a person with that disability; and
               (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.
         (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 described 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 described by the foster
  children's 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)  The department shall develop and implement a policy for
  receiving and handling reports that the rights of a child in foster
  care are not being observed. The department shall inform a child in
  foster care and, if appropriate, the child's parent, managing
  conservator, or guardian of the method for filing a report with the
  department under this subsection.
         (h)  This section does not create a cause of action.
         SECTION 2.  Subchapter A, Chapter 264, Family Code, is
  amended by adding Section 264.016 to read as follows:
         Sec. 264.016.  CREDIT REPORT FOR FOSTER CHILD.  The
  department shall ensure that each child in the permanent managing
  conservatorship of the department who is 16 years of age or older:
               (1)  obtains a free copy of the child's credit report in
  accordance with the Fair and Accurate Credit Transactions Act of
  2003 (Pub. L. No. 108-159) each year until the child is discharged
  from foster care; and
               (2)  receives information regarding interpreting the
  report and the procedure for correcting inaccuracies in the report.
         SECTION 3.  Section 264.016, Family Code, as added by this
  Act, applies to a child in the permanent managing conservatorship
  of the Department of Family and Protective Services on or after the
  effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2170 was passed by the House on April
  21, 2011, by the following vote:  Yeas 146, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2170 on May 24, 2011, by the following vote:  Yeas 143, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2170 was passed by the Senate, with
  amendments, on May 18, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor