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.
Structure Texas Statutes
Title 12 - Juvenile Justice Services and Facilities
Subtitle C - Secure Facilities
Chapter 244 - Care and Treatment of Children
Subchapter A. General Care and Treatment of Children
Section 244.001. Initial Examination
Section 244.002. Reexamination
Section 244.003. Records of Examinations and Treatment
Section 244.004. Failure to Examine or Reexamine
Section 244.005. Determination of Treatment
Section 244.006. Type of Treatment Permitted
Section 244.007. Family Programs
Section 244.0075. Restraint of Pregnant Juvenile
Section 244.008. Infant Care and Parenting Program
Section 244.009. Health Care Delivery System
Section 244.010. Department Caseworkers
Section 244.0105. Report Concerning Foster Children Committed to Department
Section 244.0106. Rules Regarding Services for Foster Children
Section 244.011. Children With Mental Illness or Mental Retardation
Section 244.012. Examination Before Discharge
Section 244.013. Notice of Pending Discharge
Section 244.014. Referral of Determinate Sentence Offenders for Transfer
Section 244.015. Evaluation of Certain Children Serving Determinate Sentences