89R10620 RAL-F     By: Hancock S.B. No. 2454       A BILL TO BE ENTITLED   AN ACT   relating to the rights and responsibilities 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 AND   RESPONSIBILITIES. (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 and   responsibilities" means the rights and responsibilities described   by Subsections (b) and (c).          (b)  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 free from being discriminated against on the   basis of religion, race, color, sex, national origin, age, or   disability;                (2)  to be assured that all members of the foster   parent's family are safe from physical violence, emotional abuse,   and harassment;                (3)  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;                (4)  to receive timely financial reimbursement   commensurate with the level of care the foster child requires,   including any reimbursement for property damage caused by the child   in an amount not to exceed $500;                (5)  to receive post-placement counseling for loss,   secondary trauma, and grief;                (6)  to communicate with other professionals who work   with foster children, including therapists, physicians, and   teachers;                (7)  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;                (8)  to file a grievance and be informed of the process   for filing a grievance;                (9)  to have timely notice of and access to the appeals   process of the department or child-placing agency, as appropriate;                (10)  to communicate and collaborate with the child's   service planning team to obtain further educational services for   the child to ensure the child's educational needs are met,   including an individualized education program, tutoring,   occupational therapy, speech therapy, and after school programs;                (11)  to be free from acts of harassment and   retaliation by any other party when exercising a right under   Subdivision (9) or (10);                (12)  to be given, in a consistent and timely manner,   any information that:                      (A)  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)  the child's family consents to disclose   regarding the child or the child's family;                (13)  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;                (14)  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;                (15)  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;                (16)  to be notified of and attend all 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 individualized education program   meetings;                (17)  to be provided a fair, timely, and impartial   investigation of any complaint concerning the foster parent's   licensure;                (18)  to be provided an opportunity to have a person of   the foster parent's choosing present during any investigation;                (19)  to be presented with a specific explanation of   any licensing corrective action plan, including the specific   licensing standard violated;                (20)  to be notified of all benchmarks that must be met   by the foster parent, including appointments for the child, home   visits, visiting the child at school, and visits with the child's   family in accordance with a visitation plan developed under Section   263.107;                (21)  to communicate with the child's guardian ad litem   and set up independent meetings between the child and the guardian   ad litem;                (22)  to attend and speak at all court hearings;                (23)  to request to communicate with the child's   family, former foster parents, and prospective and finalized   adoptive parents;                (24)  to participate in the planning and scheduling of   visits under the child's visitation plan developed under Section   263.107;                (25)  to be informed of any services available to   foster parents;                (26)  to be provided all current medical, dental,   behavioral, educational, and psychological records and information   of the child reasonably available not later than 15 days after the   date the child is placed with the foster parent;                (27)  to be provided information on:                      (A)  whether the child was a victim of trafficking   under Section 20A.02, Penal Code; and                       (B)  appropriate resources to meet the needs of a   child described by Paragraph (A), including counseling or other   services;                (28)  to be provided information on the national free   or reduced-price lunch program established under 42 U.S.C. Section   1751 et seq.;                (29)  to be heard regarding child-placing agency   practices the foster parent questions;                (30)  to be provided the child's social security   number, if available, as soon as possible after the child is placed   with the foster parent; and                (31)  to meet with the child's caseworker.          (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 responsibility to:                (1)  report relevant information to the child-placing   agency necessary for the care of the child placed in the foster   parent's home;                (2)  function within the established goals and   objectives of the service plan to improve the general welfare of the   child;                (3)  recognize problems in a placement that require   professional advice and assistance and to use available resources;                (4)  prepare a foster child for any future plans that   are made, including preparing the child for reunification,   termination of parental rights, or adoption;                (5)  keep confidential all information shared with the   foster parent about the foster child and the child's family; and                (6)  cooperate with any reunification plan.          (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 responsibilities; and                      (B)  the grievance process; and                (2)  orally inform the foster parent of the rights and   responsibilities provided by the foster parent's bill of rights and   responsibilities.          (e)  The commissioner of the department shall ensure that the   rules and policies governing foster care are consistent with the   state policy outlined by Subsections (b) and (c).          SECTION 2.  Section 263.109, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  If the use of a controlled substance listed in Penalty   Group 1-B, Section 481.1022, Health and Safety Code, has been   relevant to a case, the court shall render an order requiring a   parent to submit to drug testing before the initial visit under an   original visitation plan may take place. At any hearing held under   this chapter after the date an original or amended visitation plan   is reviewed by the court, the court may render an order requiring a   parent to submit to additional drug testing as the court determines   appropriate to protect the health and safety of the child.          SECTION 3.  Subchapter B, Chapter 264, Family Code, is   amended by adding Sections 264.1062 and 264.1074 to read as   follows:          Sec. 264.1062.  PROSPECTIVE FOSTER PARENT APPEALS PROCESS.   The department shall establish a process for prospective foster   parents to appeal a denied home assessment for potential placement.          Sec. 264.1074.  IDENTIFICATION DOCUMENTATION FOR FOSTER   CHILDREN. As soon as possible after a child is placed in the   managing conservatorship of the department, the department shall   obtain the following documents for each child:                (1)  a certified copy of the child's birth certificate;   and                (2)  a social security card or a replacement social   security card.          SECTION 4.  Section 263.109(d), Family Code, as added by   this Act, applies only to a visitation plan adopted or modified on   or after the effective date of this Act. A visitation plan adopted   or modified before the effective date is governed by the law in   effect on the date the visitation plan was adopted or modified, and   the former law is continued in effect for that purpose.          SECTION 5.  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, 2025.