PRESS RELEASE

For Immediate Release

Contact:

Chuck Smith, Deputy Director

Equality Texas

Office: 512-474-5475

Cell: 512-294-3506

Department of Family and Protective Services Implements Foster Care Bill of Rights

Youth in Foster Care Have Right to Fair Treatment Regardless of Sexual Orientation or Gender Identity

Austin, Texas - (January 17, 2008) – The Texas Department of Family and Protective Services (DFPS), the state agency charged with protecting the physical safety and emotional well-being of Texas’ most vulnerable citizens, has implemented a Bill of Rights of Children and Youth in Foster Care establishing a right to fair treatment regardless of sexual orientation or gender identity.

Legislation was introduced in the 2007 session in both the Texas Senate and the House of Representatives to establish a foster care bill of rights, but the bills died in committee. The Department of Family and Protective Services began a process in October, 2007 to implement a bill of rights because ensuring children in foster care know their rights is important to the success of each placement and ease of transition for the child.

As promulgated by DFPS, the “Rights of Children and Youth in Foster Care” includes thirty-two rights applicable to all children and youth in care, plus an additional sixteen rights applicable to youth age 16 and older.  The rights applicable to all children and youth include, among others:

• The right to appropriate care and treatment in the least restrictive setting available that can meet the child’s or youth’s needs.  This includes the right to live in a safe, healthy and comfortable placement  receiving reasonable protection from harm, appropriate privacy for personal needs, and being treated with respect; and
• The right to be free from unfair treatment because of gender, gender identity, race, ethnicity, religion, national origin, disability, medical status, or sexual orientation.

The rights applicable to youth age 16 and older are designed to facilitate the transition out of care and into adulthood.

Statement of Paul Scott, Equality Texas Executive Director

“Equality Texas applauds the Texas Department of Family and Protective Services for implementing measures to protect the physical safety and emotional well being all children and youth in state care, regardless of their sexual orientation or gender identity. 

While the legislation proposed in the last session included sexual orientation, it did not include gender identity.  Likewise, the original DFPS proposal included sexual orientation, but not gender identity.  Equality Texas filed comments with DFPS supporting the inclusion of both sexual orientation and gender identity in the bill of rights, citing studies indicating 20-40% of homeless youth identify as lesbian, gay, bisexual, or transgender. 

We are gratified that DFPS accepted our comments, demonstrating once again that the agency is committed to ensuring that all children and youth in foster care know and understand their rights.  This is a positive step toward ensuring that youth in state care are not subjected to further trauma because of their sexual orientation or gender identity.”

Equality Texas  works toward the elimination of social, legal, and economic discrimination based on sexual orientation and gender identity and expression through lobbying, education, and research directed toward the Texas Legislature and other state  governmental agencies.

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