Bill Text: TX HB951 | 2017-2018 | 85th 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) 2017-02-27 - Referred to Human Services [HB951 Detail]
Download: Texas-2017-HB951-Introduced.html
85R2457 MK-D | ||
By: Rodriguez of Bexar | H.B. No. 951 |
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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, 2029. | ||
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, any party in an | ||
initial investigation, 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) All information related to a complaint under | ||
investigation by the office, including the names of persons who | ||
receive services from the department, complainants, and | ||
individuals who provide information to the office in the course of | ||
an investigation, is confidential, unless the independent | ||
ombudsman considers the disclosure of the information is necessary | ||
to: | ||
(1) allow the independent ombudsman to conduct the | ||
duties of the office; or | ||
(2) support any recommendation made by the independent | ||
ombudsman resulting from an investigation conducted by the office. | ||
(c) The independent ombudsman may not disclose or | ||
disseminate any information received by the office that is | ||
considered by law to be confidential or privileged. | ||
Sec. 45.056. PROMOTION OF OFFICE. The independent | ||
ombudsman shall promote awareness among the public, children in the | ||
conservatorship of the department, family members and caretakers of | ||
those children, 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; | ||
(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. | ||
(c) The independent ombudsman may attend any judicial | ||
proceeding related to a complaint filed with the office. | ||
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. COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN. | ||
(a) A child-placing agency responsible for a foster child may refer | ||
a dispute regarding the child's placement or the permanency plan | ||
for the child to the independent ombudsman by filing a complaint | ||
with the ombudsman. | ||
(b) The complaint filed with the independent ombudsman must | ||
include a clear explanation of the dispute and the requested | ||
remedy. | ||
Sec. 45.152. NOTIFICATION OF COURT OF INVESTIGATION. The | ||
independent ombudsman shall notify the court with jurisdiction over | ||
the child's case of any investigation of a complaint filed under | ||
this subchapter. | ||
SECTION 2. This Act takes effect September 1, 2017. |