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.
 
 
 
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:
         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.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
feedback