88R16346 MLH-D     By: Sherman, Sr. H.B. No. 4791       A BILL TO BE ENTITLED   AN ACT   relating to the rights of a foster parent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 263, Family Code, is   amended by adding Section 263.0081 to read as follows:          Sec. 263.0081.  FOSTER PARENT'S BILL OF RIGHTS. (a) In this   section:                (1)  "Child-placing agency" has the meaning assigned by   Section 42.002, Human Resources Code.                (2)  "Foster care" means the temporary placement of a   child who is in the conservatorship of the department or an   authorized agency in a facility licensed or certified under Chapter   42, Human Resources Code, in which care is provided for 24 hours a   day.                (3)  "Foster parent's bill of rights" means the rights   described by Subsection (c).          (b)  The state recognizes that foster parents:                (1)  play an important and significant role in the   lives of foster children;                (2)  are an essential part of the child protective   services system; and                (3)  should be treated with respect by all employees of   the department and child-placing agency.          (c)  It is the policy of this state that, to the extent   provided by state or federal law or policy, each foster parent has   the right:                (1)  to be treated with dignity, respect, and   consideration as a professional member of the child protective   services team;                (2)  to be free from being discriminated against on the   basis of religion, race, color, sex, national origin, age, or   disability;                (3)  to be assured that all members of the foster   parent's family are safe from physical violence, emotional abuse,   and harassment;                (4)  to be given standardized preservice training,   including cultural competence training and appropriate ongoing   training to meet mutually assessed needs and improve the foster   parent's skills;                (5)  to be informed of the contact information of and   the process to contact the appropriate child-placing agency or   other source to receive information and assistance and to access   supportive services 24 hours a day, seven days a week;                (6)  to receive timely financial reimbursement   commensurate with the level of care the foster child requires,   considering any medical or psychiatric care specified in the   child's service plan, any previous hospitalization due to medical   or psychiatric care, and the child's runaway status;                (7)  to receive post-placement counseling for loss,   secondary trauma, and grief;                (8)  to communicate with other professionals who work   with foster children, including therapists, physicians, and   teachers;                (9)  to be considered as a placement option for a foster   child who was formerly placed with the foster parent if the child   reenters foster care, subject to a determination that the placement   is consistent with the best interest of the child and any other   child in the foster parent's home;                (10)  to refuse a placement;                (11)  to file a grievance and be informed of the process   for filing a grievance;                (12)  to have timely notice of and access to the appeals   process of the department or child-placing agency, as appropriate;                (13)  to be free from acts of harassment and   retaliation by any other party when exercising the right to appeal   or refuse a placement;                (14)  to be given, in a consistent and timely manner,   any information:                      (A)  that is pertinent to the care and needs of the   child or to the child's permanency plan and essential to the foster   parent's understanding of the needs of and care required for the   child, including information regarding the foster child and the   foster child's family and information related to previous   placements; and                      (B)  that the child's family consents to disclose   regarding the child or the child's family;                (15)  to be provided a clear, written accounting of a   child-placing agency's plan concerning the placement of a foster   child in the foster parent's home, including a summary of the foster   parent's responsibility to support activities that promote the   foster child's right to relationships with the child's family and   cultural heritage;                (16)  to provide input concerning the service plan for   the child and to have that input fully considered in the same manner   as information presented by any other child protective services   professional;                (17)  except as otherwise provided by a court order or   when a child is at imminent risk of harm, to be given written notice   of and a description of the reasons for:                      (A)  changes in a foster child's case plan; or                      (B)  any plan to terminate the placement of the   child with the foster parent;                (18)  to be notified of relevant staffing and scheduled   meetings regarding the foster child to allow the foster parent to   actively participate in the case-planning and decision-making   process with regards to the child, including individual service   planning meetings, administrative case reviews, interdisciplinary   staffings, and individual educational planning meetings;                (19)  to receive written notice in a timely manner of   all court hearings, including the following details:                      (A)  the date and time;                      (B)  the name of the judge or hearing officer;                      (C)  the location; and                      (D)  the docket number;                (20)  to be reminded in writing that the foster parent   has a right to speak at the court hearings;                (21)  to be informed of decisions made by the court or   the department concerning the child;                (22)  to be provided a fair, timely, and impartial   investigation of any complaint concerning the foster parent's   licensure;                (23)  to be provided an opportunity to have a person of   the foster parent's choosing present during any investigation;                (24)  to receive mediation or an administrative review,   or both, regarding decisions that affect the foster parent's   license; and                (25)  to be presented with a specific explanation of   any licensing corrective action plan, including the specific   licensing standard violated.          (d)  The department or the child-placing agency that places a   foster child with a foster parent shall:                (1)  provide the foster parent with:                      (A)  a written copy of the foster parent's bill of   rights; and                      (B)  the grievance process; and                (2)  orally inform the foster parent of the rights   provided by the foster parent's bill of rights.          (e)  The department's child protective services division or   a contractor shall provide the cultural competence training   described by Subsection (c)(4) to help foster parents provide care   that is respectful of the child's cultural identity and needs. The   training must:                (1)  help the foster parents learn cultural competence;   and                (2)  specifically address cultural needs of children,   including information on:                      (A)  skin and hair care;                      (B)  any specific religious or cultural practices   of the child's biological family; and                      (C)  referrals to community resources for ongoing   education and support.          (f)  The commissioner of the department shall ensure that the   rules and policies governing foster care are consistent with the   state policy outlined by Subsection (c).          SECTION 2.  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, 2023.