Texas SB 1535: Relating to a complaint made by a foster child or youth.

Bill Text

By:AAMen ̄ndez S.B.ANo.A1535
A BILL TO BE ENTITLED
AN ACT
relating to a complaint made by a foster child or youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 263.008(b), Family Code, is amended to
read as follows:
(b)AAIt 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)AAabuse, neglect, exploitation, discrimination, and
harassment;
(2)AAfood, clothing, shelter, and education;
(3)AAmedical, dental, vision, and mental health
services, including the right of the child to consent to treatment;
(4)AAemergency 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)AAplacement with the child’s siblings and contact
with members of the child’s family;
(6)AAprivacy and searches, including the use of storage
space, mail, and the telephone;
(7)AAparticipation in school-related extracurricular
or community activities;
(8)AAinteraction with persons outside the foster care
system, including teachers, church members, mentors, and friends;
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(9)AAcontact and communication with caseworkers,
attorneys ad litem, guardians ad litem, and court-appointed special
advocates;
(10)AAreligious services and activities;
(11)AAconfidentiality of the child’s records;
(12)AAjob skills, personal finances, and preparation
for adulthood;
(13)AAparticipation in a court hearing that involves
the child;
(14)AAparticipation in the development of service and
treatment plans;
(15)AAif the child has a disability, the advocacy and
protection of the rights of a person with that disability; [and]
(16)AAnotification of the outcome of any investigation
in which the child is involved; and
(17)AAany 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.
SECTIONA2.AASection 531.993, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1)AAThe department and the commission’s child care
licensing division shall provide written notice to the ombudsman on
whether the department or child care licensing division adopted or
rejected the ombudsman’s recommended corrective action. If the
department or child care licensing division rejects a recommended
corrective action, the department or division shall include in the
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notice the reason for the rejection.
SECTIONA3.AASubchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9933 to read as follows:
Sec.A531.9933.AACOMPLAINT PROCESS FOR FOSTER CHILDREN AND
YOUTH SERVED BY SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In this
section:
(1)AA"Contractor" means a single source continuum
contractor in this state providing services identified under
Subchapter B-1, Chapter 264, Family Code.
(2)AA"Division" means the division of the ombudsman for
children and youth in foster care created under Section 531.9931.
(b)AAA child or youth in the conservatorship of the
department and served by a contractor may file a complaint directly
with the division and is not required to file an initial complaint
with the contractor.
(c)AAThe division may access the internal records of a
contractor that are relevant to a complaint filed under this
section and not included in the department’s automated case
tracking and information management system.
(d)AAThe division shall provide written notice of the results
of the investigation of a complaint filed under this section to:
(1)AAthe child or youth who filed the complaint;
(2)AAthe child’s or youth’s contractor; and
(3)AAthe department.
(e)AAEach contractor in this state shall provide to the
division:
(1)AAthe contractor’s contact information for the
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division to receive records and provide notice under this section;
and
(2)AAupdates to the contact information as necessary.
(f)AAA contractor may not directly or indirectly use or cause
to be used the term "ombudsman" to describe the contractor or the
contractor’s internal complaint process.
SECTIONA4.AAThis 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.
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