Bill Text: TX HB2615 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the office of independent ombudsman for the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Juvenile Justice & Family Issues [HB2615 Detail]
Download: Texas-2015-HB2615-Introduced.html
84R11108 MK-D | ||
By: Dutton | H.B. No. 2615 |
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relating to the office of independent ombudsman for the Department | ||
of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle D, Title 2, Human Resources Code, is | ||
amended by adding Chapter 45 to read as follows: | ||
CHAPTER 45. OFFICE OF INDEPENDENT OMBUDSMAN FOR DEPARTMENT OF | ||
FAMILY AND PROTECTIVE SERVICES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 45.001. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of Family and | ||
Protective Services. | ||
(2) "Independent ombudsman" means the individual | ||
appointed under this chapter as ombudsman for the office. | ||
(3) "Office" means the office of independent ombudsman | ||
for the department. | ||
Sec. 45.002. INDEPENDENCE. The independent ombudsman in | ||
the performance of the ombudsman's duties and powers under this | ||
chapter acts independently of the department. | ||
Sec. 45.003. SUNSET PROVISION. The office is subject to | ||
Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the office is abolished | ||
and this chapter expires September 1, 2025. | ||
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE | ||
Sec. 45.051. APPOINTMENT. The governor shall appoint the | ||
independent ombudsman to serve at the will of the governor. | ||
Sec. 45.052. ASSISTANTS. The independent ombudsman may | ||
appoint assistants to perform, under the direction of the | ||
independent ombudsman, the same duties and exercise the same powers | ||
as the independent ombudsman. | ||
Sec. 45.053. CONFLICT OF INTEREST. A person may not serve | ||
as independent ombudsman or as an assistant ombudsman if the person | ||
or the person's spouse: | ||
(1) is employed by or participates in the management | ||
of a business entity or other organization receiving funds from the | ||
department; | ||
(2) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization receiving funds | ||
from the department; or | ||
(3) is required to register as a lobbyist under | ||
Chapter 305, Government Code, because of the person's activities | ||
for compensation on behalf of a profession related to the operation | ||
of the department. | ||
Sec. 45.054. REPORT. On or before January 1 of each year, | ||
the independent ombudsman shall submit to the governor, the | ||
lieutenant governor, and each member of the legislature a report | ||
that describes, for the one-year period preceding the report: | ||
(1) the work of the ombudsman, including a summary of | ||
each complaint the ombudsman investigated, the ombudsman's | ||
recommendation on the complaint, and whether the complaint was | ||
resolved or required further action; | ||
(2) the ombudsman's recommendations relating to the | ||
ombudsman's duties; and | ||
(3) the ombudsman's recommendations for improving the | ||
operation of the department. | ||
Sec. 45.055. COMMUNICATION AND CONFIDENTIALITY. (a) The | ||
department shall allow any department employee and any child in the | ||
conservatorship of the department to communicate with the | ||
independent ombudsman. The communication: | ||
(1) may be in person, by mail, or by any other means; | ||
and | ||
(2) is confidential and privileged. | ||
(b) The records of the independent ombudsman and the office | ||
are confidential, except that the ombudsman shall disclose the | ||
office's records if required by a court order on a showing of good | ||
cause. | ||
(c) The independent ombudsman may make public reports | ||
relating to an investigation after the investigation is complete, | ||
but only if the names of all children, parents, and employees are | ||
redacted from the report and remain confidential. | ||
Sec. 45.056. PROMOTION OF OFFICE. The independent | ||
ombudsman shall promote awareness among the public, children in the | ||
conservatorship of the department, and facilities licensed by the | ||
department of: | ||
(1) how the office may be contacted; | ||
(2) the purpose of the office; and | ||
(3) the services the office provides. | ||
SUBCHAPTER C. DUTIES AND POWERS | ||
Sec. 45.101. DUTIES AND POWERS. (a) The independent | ||
ombudsman serves as a neutral party in assisting persons with a | ||
complaint against the department regarding case-specific | ||
activities of the programs of the department, including adult | ||
protective services, child protective services, child-care | ||
licensing, and statewide intake. The independent ombudsman shall: | ||
(1) review complaints filed with the ombudsman | ||
concerning the actions of the department and investigate each | ||
complaint, other than complaints alleging criminal offenses or the | ||
abuse, neglect, or exploitation of a child or adult, in which it | ||
appears that a person may be in need of assistance from the | ||
ombudsman or that raises the possibility of a systemic issue in the | ||
department's provision of services; | ||
(2) require the department to provide access to all | ||
records, data, and other information under the control of the | ||
department that the ombudsman determines are necessary to | ||
investigate a complaint; | ||
(3) review any reports produced by the department | ||
regarding a complaint referred by the ombudsman; | ||
(4) issue a final report with the ombudsman's final | ||
determination of a complaint's merit; and | ||
(5) monitor and evaluate the department's actions | ||
relating to the ombudsman's recommendations under Subsection (b). | ||
(b) The independent ombudsman's final determination in a | ||
report described by Subsection (a)(4) must include a determination | ||
of whether there was wrongdoing or negligence by the department or | ||
an agent of the department or whether the complaint was frivolous | ||
and without merit. If the independent ombudsman determines there | ||
was wrongdoing or negligence, the independent ombudsman shall | ||
recommend corrective actions to be taken by the department. | ||
Sec. 45.102. ACCESS TO INFORMATION. (a) The department | ||
shall allow the independent ombudsman access to the department's | ||
records that relate to a complaint the ombudsman is investigating. | ||
(b) The independent ombudsman may subpoena the records of a | ||
private entity that relate to a complaint the ombudsman is | ||
investigating. | ||
Sec. 45.103. RETALIATION PROHIBITED. The department may | ||
not retaliate against a department employee or any other person who | ||
in good faith makes a complaint to the office or cooperates with the | ||
office in an investigation. | ||
SUBCHAPTER D. DISPUTES REGARDING FOSTER CHILDREN | ||
Sec. 45.151. REFERRAL OF DISPUTE REGARDING FOSTER CHILD. | ||
If a child's foster parent, attorney ad litem, or guardian ad litem, | ||
or an employee of the child-placing agency responsible for the | ||
child, has a dispute regarding the child's placement or the | ||
permanency plan for the child, that person may request, in writing, | ||
that the child-placing agency responsible for the child refer the | ||
dispute to the independent ombudsman. | ||
Sec. 45.152. APPROVAL OF REFERRAL. The request for | ||
referral under Section 45.151 must be approved in writing by the | ||
person designated by the child-placing agency to perform those | ||
duties. An approved request must state that: | ||
(1) the designated person has reviewed the current | ||
placement of the child; | ||
(2) it is probable that there has been wrongdoing, a | ||
violation of law, a violation of internal policy, negligence, or | ||
reckless action by an individual involved with the case; and | ||
(3) it is in the child's best interest to suspend the | ||
judicial proceedings until the complaint has been reviewed by the | ||
independent ombudsman. | ||
Sec. 45.153. COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN. | ||
(a) The child-placing agency shall refer a dispute to the | ||
independent ombudsman by filing a complaint with the ombudsman not | ||
later than the next business day after the date a signed request is | ||
received. | ||
(b) The complaint filed with the independent ombudsman must | ||
include a clear explanation of the complaint and the requested | ||
remedy. | ||
(c) The independent ombudsman shall give preference to a | ||
complaint filed under this section over other complaints filed with | ||
the office. The ombudsman shall expedite the process for handling | ||
the complaint. | ||
Sec. 45.154. SUSPENSION OF JUDICIAL PROCEEDINGS. Not later | ||
than the next business day after the date a complaint under this | ||
chapter is received, the independent ombudsman shall notify the | ||
court of the complaint and request that the court suspend any | ||
scheduled proceeding in the child's case until the 15th day after | ||
the date the complaint is filed with the ombudsman. The court in | ||
the child's case shall suspend the judicial proceedings as provided | ||
by this section. | ||
Sec. 45.155. JUDICIAL RESOLUTION OF DISPUTE. If the | ||
independent ombudsman is not able to resolve the dispute, the | ||
parties may request a hearing before the judge. In making a | ||
determination, the court may consider the ombudsman's findings and | ||
recommendations, if any. | ||
SECTION 2. This Act takes effect September 1, 2015. |