83R6256 MCK-D
By: Wu H.B. No. 2218
A BILL TO BE ENTITLED
AN ACT
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
section 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, 2013.