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A BILL TO BE ENTITLED
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AN ACT
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relating to a foster children's bill of rights. |
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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 263.007 to read as follows: |
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Sec. 263.007. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In |
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this section: |
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(1) "Agency foster group home," "agency foster home," |
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"facility," "foster group home," and "foster home" have the |
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meanings assigned by Section 42.002, Human Resources Code. |
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(2) "Foster care" means the placement of a child who is |
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in the conservatorship of the department or an authorized agency |
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and in care outside the child's home in an agency foster group home, |
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agency foster home, foster group home, foster home, or another |
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facility licensed or certified under Chapter 42, Human Resources |
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Code, in which care is provided for 24 hours a day. |
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(3) "Foster children's bill of rights" means the |
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rights described by Subsection (b). |
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(b) It is the policy of this state that each child in foster |
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care be informed of the child's rights provided by state or federal |
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law or policy that relate to: |
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(1) abuse, neglect, exploitation, discrimination, and |
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harassment; |
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(2) food, clothing, shelter, and education; |
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(3) medical, dental, vision, and mental health |
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services, including the right of the child to consent to treatment; |
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(4) emergency behavioral intervention, including what |
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methods are permitted, the conditions under which it may be used, |
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and the precautions that must be taken when administering it; |
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(5) placement with the child's siblings and contact |
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with members of the child's family; |
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(6) privacy and searches, including the use of storage |
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space, mail, and the telephone; |
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(7) participation in school-related extracurricular |
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or community activities; |
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(8) interaction with persons outside the foster care |
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system, including teachers, church members, mentors, and friends; |
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(9) contact and communication with caseworkers, |
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attorneys ad litem, guardians ad litem, and court-appointed special |
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advocates; |
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(10) religious services and activities; |
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(11) confidentiality of the child's records; |
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(12) job skills, personal finances, and preparation |
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for adulthood; |
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(13) participation in a court hearing that involves |
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the child; |
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(14) participation in the development of service and |
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treatment plans; |
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(15) if the child has a disability, the advocacy and |
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protection of the rights of a person with that disability; and |
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(16) any other matter affecting the child's ability to |
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receive care and treatment in the least restrictive environment |
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that is most like a family setting, consistent with the best |
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interests and needs of the child. |
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(c) The department shall provide a written copy of the |
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foster children's bill of rights to each child placed in foster care |
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in the child's primary language, if possible, and shall inform the |
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child of the rights described by the foster children's bill of |
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rights: |
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(1) orally in the child's primary language, if |
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possible, and in simple, nontechnical terms; or |
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(2) for a child who has a disability, including an |
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impairment of vision or hearing, through any means that can |
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reasonably be expected to result in successful communication with |
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the child. |
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(d) A child placed in foster care may, at the child's |
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option, sign a document acknowledging the child's understanding of |
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the foster children's bill of rights after the department provides |
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a written copy of the foster children's bill of rights to the child |
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and informs the child of the rights described by the foster |
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children's bill of rights in accordance with Subsection (c). If a |
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child signs a document acknowledging the child's understanding of |
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the foster children's bill of rights, the document must be placed in |
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the child's case file. |
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(e) An agency foster group home, agency foster home, foster |
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group home, foster home, or other facility in which a child is |
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placed in foster care shall provide a copy of the foster children's |
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bill of rights to a child on the child's request. The foster |
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children's bill of rights must be printed in English and in a second |
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language. |
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(f) The department shall promote the participation of |
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foster children and former foster children in educating other |
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foster children about the foster children's bill of rights. |
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(g) The department shall develop and implement a policy for |
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receiving and handling reports that the rights of a child in foster |
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care are not being observed. The department shall inform a child in |
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foster care and, if appropriate, the child's parent, managing |
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conservator, or guardian of the method for filing a report with the |
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department under this subsection. |
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(h) This section does not create a cause of action. |
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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, 2011. |