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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 Subsections (c-1) and (c-2) to read as follows: |
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(c-1) Not later than the fifth day of each month, the |
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ombudsman shall compile and provide to the department and the |
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commission's child care licensing division a written report |
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regarding the investigations completed during the preceding month. |
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For each complaint investigated, the report must include: |
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(1) a summary of the complaint; |
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(2) the ombudsman's final determination; and |
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(3) any corrective action recommended by the |
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ombudsman. |
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(c-2) The department or the commission's child care |
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licensing division, as applicable, shall provide written notice to |
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the ombudsman on whether the department or division adopted or |
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rejected any of the ombudsman's recommended corrective actions. If |
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the department or division rejects a recommended corrective action, |
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the department or division shall include in the notice the reason |
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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. A child or youth in the conservatorship of the department |
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may file a complaint directly with the ombudsman, regardless of |
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whether the child or youth is served directly by the department or |
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by a single source continuum contractor providing services for the |
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department under Subchapter B-1, Chapter 264, Family Code, as added |
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by Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular |
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Session, 2017. |
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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. |