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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. Section 263.008(b), Family Code, is amended by |
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to read as follows: |
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(b) It |
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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, which includes discrimination and harassment based on |
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gender, gender identity, race, ethnicity, religion, national |
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origin, disability, medical problems or sexual orientation; |
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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) the freedom to choose a religion or attend |
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religious services and activities of the child's choosing, which |
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includes the choice not to practice a religion; |
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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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SECTION 2. Section 42.042, Human Resources Code, is amended |
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by adding Subsection (s) to read as follows: |
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(s) The department may not make a rule that: |
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(1) discriminates based on gender, gender identity, |
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race, ethnicity, religion, national origin, disability, medical |
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problems, or sexual orientation, or |
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(2) limits a foster child's rights to choose a |
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religion, or attend religious services or activities of the child's |
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choosing, which includes the choice not to practice a religion. |
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SECTION 3. Section 263.008(h), Family Code, is repealed. |
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SECTION 4. 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, 2017. |