Texas 2015 - 84th Regular

Texas House Bill HB2615 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11108 MK-D
2	2	By: Dutton H.B. No. 2615
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the office of independent ombudsman for the Department
8	8	of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Human Resources Code, is
11	11	amended by adding Chapter 45 to read as follows:
12	12	CHAPTER 45. OFFICE OF INDEPENDENT OMBUDSMAN FOR DEPARTMENT OF
13	13	FAMILY AND PROTECTIVE SERVICES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 45.001. DEFINITIONS. In this chapter:
16	16	(1) "Department" means the Department of Family and
17	17	Protective Services.
18	18	(2) "Independent ombudsman" means the individual
19	19	appointed under this chapter as ombudsman for the office.
20	20	(3) "Office" means the office of independent ombudsman
21	21	for the department.
22	22	Sec. 45.002. INDEPENDENCE. The independent ombudsman in
23	23	the performance of the ombudsman's duties and powers under this
24	24	chapter acts independently of the department.
25	25	Sec. 45.003. SUNSET PROVISION. The office is subject to
26	26	Chapter 325, Government Code (Texas Sunset Act). Unless continued
27	27	in existence as provided by that chapter, the office is abolished
28	28	and this chapter expires September 1, 2025.
29	29	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
30	30	Sec. 45.051. APPOINTMENT. The governor shall appoint the
31	31	independent ombudsman to serve at the will of the governor.
32	32	Sec. 45.052. ASSISTANTS. The independent ombudsman may
33	33	appoint assistants to perform, under the direction of the
34	34	independent ombudsman, the same duties and exercise the same powers
35	35	as the independent ombudsman.
36	36	Sec. 45.053. CONFLICT OF INTEREST. A person may not serve
37	37	as independent ombudsman or as an assistant ombudsman if the person
38	38	or the person's spouse:
39	39	(1) is employed by or participates in the management
40	40	of a business entity or other organization receiving funds from the
41	41	department;
42	42	(2) owns or controls, directly or indirectly, any
43	43	interest in a business entity or other organization receiving funds
44	44	from the department; or
45	45	(3) is required to register as a lobbyist under
46	46	Chapter 305, Government Code, because of the person's activities
47	47	for compensation on behalf of a profession related to the operation
48	48	of the department.
49	49	Sec. 45.054. REPORT. On or before January 1 of each year,
50	50	the independent ombudsman shall submit to the governor, the
51	51	lieutenant governor, and each member of the legislature a report
52	52	that describes, for the one-year period preceding the report:
53	53	(1) the work of the ombudsman, including a summary of
54	54	each complaint the ombudsman investigated, the ombudsman's
55	55	recommendation on the complaint, and whether the complaint was
56	56	resolved or required further action;
57	57	(2) the ombudsman's recommendations relating to the
58	58	ombudsman's duties; and
59	59	(3) the ombudsman's recommendations for improving the
60	60	operation of the department.
61	61	Sec. 45.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
62	62	department shall allow any department employee and any child in the
63	63	conservatorship of the department to communicate with the
64	64	independent ombudsman. The communication:
65	65	(1) may be in person, by mail, or by any other means;
66	66	and
67	67	(2) is confidential and privileged.
68	68	(b) The records of the independent ombudsman and the office
69	69	are confidential, except that the ombudsman shall disclose the
70	70	office's records if required by a court order on a showing of good
71	71	cause.
72	72	(c) The independent ombudsman may make public reports
73	73	relating to an investigation after the investigation is complete,
74	74	but only if the names of all children, parents, and employees are
75	75	redacted from the report and remain confidential.
76	76	Sec. 45.056. PROMOTION OF OFFICE. The independent
77	77	ombudsman shall promote awareness among the public, children in the
78	78	conservatorship of the department, and facilities licensed by the
79	79	department of:
80	80	(1) how the office may be contacted;
81	81	(2) the purpose of the office; and
82	82	(3) the services the office provides.
83	83	SUBCHAPTER C. DUTIES AND POWERS
84	84	Sec. 45.101. DUTIES AND POWERS. (a) The independent
85	85	ombudsman serves as a neutral party in assisting persons with a
86	86	complaint against the department regarding case-specific
87	87	activities of the programs of the department, including adult
88	88	protective services, child protective services, child-care
89	89	licensing, and statewide intake. The independent ombudsman shall:
90	90	(1) review complaints filed with the ombudsman
91	91	concerning the actions of the department and investigate each
92	92	complaint, other than complaints alleging criminal offenses or the
93	93	abuse, neglect, or exploitation of a child or adult, in which it
94	94	appears that a person may be in need of assistance from the
95	95	ombudsman or that raises the possibility of a systemic issue in the
96	96	department's provision of services;
97	97	(2) require the department to provide access to all
98	98	records, data, and other information under the control of the
99	99	department that the ombudsman determines are necessary to
100	100	investigate a complaint;
101	101	(3) review any reports produced by the department
102	102	regarding a complaint referred by the ombudsman;
103	103	(4) issue a final report with the ombudsman's final
104	104	determination of a complaint's merit; and
105	105	(5) monitor and evaluate the department's actions
106	106	relating to the ombudsman's recommendations under Subsection (b).
107	107	(b) The independent ombudsman's final determination in a
108	108	report described by Subsection (a)(4) must include a determination
109	109	of whether there was wrongdoing or negligence by the department or
110	110	an agent of the department or whether the complaint was frivolous
111	111	and without merit. If the independent ombudsman determines there
112	112	was wrongdoing or negligence, the independent ombudsman shall
113	113	recommend corrective actions to be taken by the department.
114	114	Sec. 45.102. ACCESS TO INFORMATION. (a) The department
115	115	shall allow the independent ombudsman access to the department's
116	116	records that relate to a complaint the ombudsman is investigating.
117	117	(b) The independent ombudsman may subpoena the records of a
118	118	private entity that relate to a complaint the ombudsman is
119	119	investigating.
120	120	Sec. 45.103. RETALIATION PROHIBITED. The department may
121	121	not retaliate against a department employee or any other person who
122	122	in good faith makes a complaint to the office or cooperates with the
123	123	office in an investigation.
124	124	SUBCHAPTER D. DISPUTES REGARDING FOSTER CHILDREN
125	125	Sec. 45.151. REFERRAL OF DISPUTE REGARDING FOSTER CHILD.
126	126	If a child's foster parent, attorney ad litem, or guardian ad litem,
127	127	or an employee of the child-placing agency responsible for the
128	128	child, has a dispute regarding the child's placement or the
129	129	permanency plan for the child, that person may request, in writing,
130	130	that the child-placing agency responsible for the child refer the
131	131	dispute to the independent ombudsman.
132	132	Sec. 45.152. APPROVAL OF REFERRAL. The request for
133	133	referral under Section 45.151 must be approved in writing by the
134	134	person designated by the child-placing agency to perform those
135	135	duties. An approved request must state that:
136	136	(1) the designated person has reviewed the current
137	137	placement of the child;
138	138	(2) it is probable that there has been wrongdoing, a
139	139	violation of law, a violation of internal policy, negligence, or
140	140	reckless action by an individual involved with the case; and
141	141	(3) it is in the child's best interest to suspend the
142	142	judicial proceedings until the complaint has been reviewed by the
143	143	independent ombudsman.
144	144	Sec. 45.153. COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN.
145	145	(a) The child-placing agency shall refer a dispute to the
146	146	independent ombudsman by filing a complaint with the ombudsman not
147	147	later than the next business day after the date a signed request is
148	148	received.
149	149	(b) The complaint filed with the independent ombudsman must
150	150	include a clear explanation of the complaint and the requested
151	151	remedy.
152	152	(c) The independent ombudsman shall give preference to a
153	153	complaint filed under this section over other complaints filed with
154	154	the office. The ombudsman shall expedite the process for handling
155	155	the complaint.
156	156	Sec. 45.154. SUSPENSION OF JUDICIAL PROCEEDINGS. Not later
157	157	than the next business day after the date a complaint under this
158	158	chapter is received, the independent ombudsman shall notify the
159	159	court of the complaint and request that the court suspend any
160	160	scheduled proceeding in the child's case until the 15th day after
161	161	the date the complaint is filed with the ombudsman. The court in
162	162	the child's case shall suspend the judicial proceedings as provided
163	163	by this section.
164	164	Sec. 45.155. JUDICIAL RESOLUTION OF DISPUTE. If the
165	165	independent ombudsman is not able to resolve the dispute, the
166	166	parties may request a hearing before the judge. In making a
167	167	determination, the court may consider the ombudsman's findings and
168	168	recommendations, if any.
169	169	SECTION 2. This Act takes effect September 1, 2015.