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Legislation that affects the rights of foster children is being considered this session. The Foster Care Alumni of America (FCAA) has come out for or against these Bills. FCAA facilitates youth involvement in the legislation.
"I think it is important to draw the distinction between the position that Lifeworks takes and the FCAA takes, they are separate. Different youth become interested in different things. I believe essentially that by participating in the democratic process in relation to foster youth now going to college, these young adults are increasing their individual chances of success," said Director of Lifeworks Duncan Cormie.
Lifeworks is another group that advocates for youth rights.
Ashley Gallardo, a Paralegal major at ACC, who aged out of foster care, is the current secretary for the FCAA.
"I hate speaking in front of legislators because I am nervous, but someone has to do it because I don't want to let the youth down, they can't always speak for themselves. This is my chance to be their voice," Gallardo said.
She is 21 years old and entered foster care at age 11 due to abusive biological parents. She said she has gone through a lot to go to Austin Community College and create a stable living situation.
Gallardo, and the FCAA, support SB 1052, which is a senate bill authored by Senator Carlos Uresti. This bill would make the implied rights of foster children into law. Currently it is in the Health and Human Services Committee.
The rights include the ability to visit siblings, keep belongings with foster children, and require foster parents to give foster kids an allowance.
The FCAA is an organization of foster children who have aged out of foster care, and some now attend ACC with assistance of a tuition waiver awarded by the Texas Department of Family Protective Services (DFPS).
In the Calendar Committee, House bill 1912, sponsored by Rep. Eddie Rodriguez, is a step away from being voted on in the House. The vote in the House is the only move for the bill before it goes on to the Senate. The bill will allow Preparation for Adult Living (PAL) services to start at age 14.
FCAA's treasurer, Scott O'Brien outlined a reason the group supported the bill.
"It allows foster children who age out and want to return to their families to retain their after care services, whereas before, if they returned, these services would be cut," O'Brien said.
Foster parents would be required to teach tasks like writing checks, balancing a check book and doing laundry.
These aren't taught much now because foster homes are hesitant because of liability, according to O'Brien.
If this bill passes, all foster children before turning 18 and aging out would be equipped with a birth certificate, a Texas ID and a Social Security Card.
FCAA also supports HB 2245 by representatives Turner and Sylvester which is now sitting in the Corrections Committee.
The bill enables juvenile records, except felony cases, sealed at age 19. It would still be searchable by the law enforcement officials but not appear on background checks by potential employers. O'Brien makes a point of why he thinks it is important for this bill to pass.
"If you're in a family and you get in a fight with your brother, and you beat him, the family deals with it. But if you're in foster care, often the police are called. People come in here saying they tried to apply for jobs but are denied due to this record. Say a youth is in jail they'll tell us that they were told to sign something to be released and what they're signing is an admission of guilt without ever knowing it, or their legal rights," O'Brien said.
Not all bills are being supported by the FCAA according to Ryan C. Dollinger (co-founder and president of the Texas FCAA chapter). The FCAA oppose Senate Bill 861.
This bill is in the Senate's Judiciary and Civil Jurisprudence Committee and provides for open record information on foster children. This includes wether or not they had been convicted of a crime, or if they were neglected or abused.
This bill suggests that all history on foster kids would be shared with caseworkers, principals, doctors, therapist and teachers.
"We feel this would be a disgrace ... When that bill goes through they are no longer given consent forms," Dollinger said.
"I don't understand why school officials would need to know I grew up in an abusive home. Or why they need to know my dating history, they're not my parents. It's kind of awkward going to school the first day when they know every little detail about you and you know nothing about them," Gallardo said.
Gallardo expresses hope for the foster children turned young adults attending ACC that are still concerned with changing the foster care system that she views as sometimes just as bad as an abusive home life.
"My brother is an example," Gallardo Said. "He doesn't like talking about what happened [in their childhood]. I don't either. I pushed it farther back, but when I hear other's stories, I realize there has to be something done about it. And with more voices, we [the foster care alumni] can be a bigger difference with CPS, the legislature, foster parents and whoever our voices reach."
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