DCS rules to implement foster child bill of rights advance after questions on timing and materials

The Department of Children's Services presented rules required by Public Chapter 387 of 2025 to establish specific rights for children in foster care and procedures for informing them of those rights.

"The rules include specific rights afforded to children that include the right to receive an education, to live in a safe and healthy environment, to receive medical, dental, vision, and mental health services, and to be free from certain restrictions among other rights," Jim Layman, legislative director for DCS, told the committee. Layman said the rules also set out grievance procedures and the process by which children will be informed of those rights.

Committee members asked whether homeschooling remains an acceptable educational arrangement and whether another trusted adult (guardian ad litem, CASA, case manager) can be present when rights are provided. Sammy Mayfair, general counsel for DCS, said information about rights is provided through child‑and‑family‑team meetings (CFTMs) that occur when a child enters custody and at key intervals; guardians ad litem and CASA volunteers are invited, and the case manager is responsible for providing the rights form, typically within the first month. Layman said the department is developing age‑appropriate materials and expects new materials for various age groups to be ready within months and by the end of the year.

The committee moved a positive recommendation; the clerk recorded eight ayes in the senate and a house voice vote carried.

Why it matters: the rule implements statutory protections for children in foster care and clarifies how rights will be communicated and grievances handled.

What’s next: the rule moves forward with a positive recommendation and DCS will finalize and distribute materials for different age groups.