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A BILL TO BE ENTITLED
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AN ACT
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relating to a complaint made by a foster child or youth. |
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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 to |
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read as follows: |
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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) notification of the outcome of any of the |
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following investigations in which the child is involved: |
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(A) an abuse or neglect investigation conducted |
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by the department; |
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(B) a minimum standard investigation conducted |
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by the Health and Human Services Commission; or |
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(C) an investigation of a complaint to the |
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division of the ombudsman for children and youth in foster care; and |
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(17) 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 531.993, Government Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The department and the commission's child care |
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licensing division shall provide written notice to the ombudsman on |
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whether the department or child care licensing division adopted or |
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rejected any of the ombudsman's recommended corrective actions. If |
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the department or child care licensing division rejects a |
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recommended corrective action, the department or division shall |
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include in the notice the reason for the rejection. |
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SECTION 3. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.9933 to read as follows: |
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Sec. 531.9933. COMPLAINT PROCESS FOR FOSTER CHILDREN AND |
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YOUTH SERVED BY SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In this |
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section: |
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(1) "Contractor" means a single source continuum |
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contractor in this state providing services identified under |
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Subchapter B-1, Chapter 264, Family Code. |
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(2) "Division" means the division of the ombudsman for |
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children and youth in foster care created under Section 531.9931. |
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(b) A child or youth in the conservatorship of the |
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department and served by a contractor may file a complaint directly |
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with the division and is not required to file an initial complaint |
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with the contractor. |
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(c) The division may access the internal records of a |
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contractor that are relevant to a complaint filed under this |
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section and not included in the department's automated case |
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tracking and information management system. |
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(d) The division shall provide written notice of the results |
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of the investigation of a complaint filed under this section to: |
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(1) the child or youth who filed the complaint; |
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(2) the child's or youth's contractor; and |
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(3) the department. |
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(e) Each contractor in this state shall provide to the |
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division: |
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(1) the contractor's contact information for the |
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division to receive records and provide notice under this section; |
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and |
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(2) updates to the contact information as necessary. |
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(f) A contractor may not directly or indirectly use or cause |
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to be used the term "ombudsman" to describe the contractor or the |
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contractor's internal complaint process. |
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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, 2019. |