TITLE: Relating to a complaint made by a foster child or youth.

SUMMARY: Relating to a complaint made by a foster child or youth.

FULL TEXT:
AN ACT 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; [and] (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.