The board and the executive commissioner must adopt rules for foster children in DFPS conservatorship so the child gets appropriate services.
Sec. 244.0106. RULES REGARDING SERVICES FOR FOSTER CHILDREN. (a) The board and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules to ensure that a child for whom the Department of Family and Protective Services has been appointed managing conservator receives appropriate services while the child is committed to the department or released under supervision by the department. (b) The rules adopted under this section must require the department and the Department of Family and Protective Services to cooperate in providing appropriate services to a child for whom the Department of Family and Protective Services has been appointed managing conservator while the child is committed to the department or released under supervision by the department, including: (1) medical care, as defined by Section 266.001, Family Code; (2) mental health treatment and counseling; (3) education, including special education; (4) case management; (5) drug and alcohol abuse assessment or treatment; (6) sex offender treatment; and (7) trauma informed care. (c) The rules adopted under this section must require: (1) the Department of Family and Protective Services to: (A) provide the department with access to relevant health and education information regarding a child; and (B) require a child's caseworker to visit the child in person at least once each month while the child is committed to the department; (2) the department to: (A) provide the Department of Family and Protective Services with relevant health and education information regarding a child; (B) permit communication, including in person, by telephone, and by mail, between a child committed to the department and: (i) the Department of Family and Protective Services; and (ii) the attorney ad litem, the guardian ad litem, and the volunteer advocate for the child; and (C) provide the Department of Family and Protective Services and any attorney ad litem or guardian ad litem for the child with timely notice of the following events relating to the child: (i) a meeting designed to develop or revise the individual case plan for the child; (ii) in accordance with any participation protocols to which the Department of Family and Protective Services and the department agree, a medical appointment at which a person authorized to consent to medical care must participate as required by Section 266.004(i), Family Code; (iii) an education meeting, including admission, review, or dismissal meetings for a child receiving special education; (iv) a grievance or disciplinary hearing for the child; (v) a report of abuse or neglect of the child; and (vi) a significant change in medical condition of the child, as defined by Section 264.018, Family Code; and (3) the Department of Family and Protective Services and the department to participate in transition planning for the child through release from detention, release under supervision, and discharge. Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 4, eff. June 17, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 85, eff. September 1, 2015.