Bill Text: TX SB1535 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to a complaint made by a foster child or youth.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-14 - Committee report sent to Calendars [SB1535 Detail]
Download: Texas-2019-SB1535-Comm_Sub.html
86R32859 SCL-D | ||
By: Menéndez | S.B. No. 1535 | |
(Frank) | ||
Substitute the following for S.B. No. 1535: No. |
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relating to a complaint made by a foster child or youth. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 263.008(b), Family Code, is amended to | ||
read as follows: | ||
(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; [ |
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(16) notification of the outcome of any of the | ||
following investigations in which the child is involved: | ||
(A) an abuse or neglect investigation conducted | ||
by the department; | ||
(B) a minimum standard investigation conducted | ||
by the Health and Human Services Commission; or | ||
(C) an investigation of a complaint to the | ||
division of the ombudsman for children and youth in foster care; and | ||
(17) 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. | ||
SECTION 2. Section 531.993, Government Code, is amended by | ||
adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) Not later than the fifth day of each month, the | ||
ombudsman shall compile and provide to the department and the | ||
commission's child care licensing division a written report | ||
regarding the investigations completed during the preceding month. | ||
For each complaint investigated, the report must include: | ||
(1) a summary of the complaint; | ||
(2) the ombudsman's final determination; and | ||
(3) any corrective action recommended by the | ||
ombudsman. | ||
(c-2) The department or the commission's child care | ||
licensing division, as applicable, shall provide written notice to | ||
the ombudsman on whether the department or division adopted or | ||
rejected any of the ombudsman's recommended corrective actions. If | ||
the department or division rejects a recommended corrective action, | ||
the department or division shall include in the notice the reason | ||
for the rejection. | ||
SECTION 3. Subchapter Y, Chapter 531, Government Code, is | ||
amended by adding Section 531.9933 to read as follows: | ||
Sec. 531.9933. COMPLAINT PROCESS FOR FOSTER CHILDREN AND | ||
YOUTH. A child or youth in the conservatorship of the department | ||
may file a complaint directly with the ombudsman, regardless of | ||
whether the child or youth is served directly by the department or | ||
by a single source continuum contractor providing services for the | ||
department under Subchapter B-1, Chapter 264, Family Code, as added | ||
by Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular | ||
Session, 2017. | ||
SECTION 4. 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, 2019. |