Texas Child Protection Law Bench Book

August 2015 edition

G. Foster Youth Bill of Rights and Ombudsman’s Office

Each child in foster care shall be informed of the child’s rights provided by state or federal law or policy that relate to:

•   Abuse, neglect, exploitation, discrimination, and harassment;

•   Food, clothing, shelter, and education;

•   Medical, dental, vision, and mental health services, including the right of the child to consent to treatment;

•   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;

•   Placement with the child’s siblings and contact with members of the child’s family;

•   Privacy and searches, including the use of storage space, mail, and the telephone;

•   Participation in school-related extracurricular or community activities;

•   Interaction with persons outside the foster care system, including teachers, church members, mentors, and friends;

•   Contact and communication with caseworkers, attorneys ad litem, guardians ad litem, and court-appointed special advocates;

•   Religious services and activities;

•   Confidentiality of the child’s records;

•   Job skills, personal finances, and preparation for adulthood;

•   Participation in a court hearing that involves the child;

•   Participation in the development of service and treatment plans;

•   If the child has a disability, the advocacy and protection of the rights of a person with that disability; and

•   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. Tex. Fam. Code§ 263.008(b).

DFPS shall provide a written copy of the foster children’s bill of rights to each child placed in foster care in the child’s primary language, if possible, and shall inform the child of the rights described by the foster children’s bill of rights:

•   Orally in the child’s primary language, if possible, and in simple, non-technical terms; or

•   For a child who has a disability, including an impairment of vision or hearing, through any means that can reasonably be expected to result in successful communication with the child. Tex. Fam. Code § 263.008(c).

In 2015, the 84^th Texas Legislature passed legislation requiring the HHSC Commissioner to appoint an ombudsman for children and youth in foster care. Tex. Gov’t Code § 531.992(a). The ombudsman serves as a neutral party in assisting children and youth in the conservatorship of DFPS with complaints regarding issues with the authority of DFPS or another health and human services agency. Tex. Gov’t Code § 531.993.