84R8882 MK-F
By: Dutton H.B. No. 3277
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the office of independent ombudsman
with the Texas Juvenile Justice Department in regard to juveniles
in custody in certain facilities not operated solely for children
committed to the department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.001, Human Resources Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a)
and (1-b) to read as follows:
(1) "Child" means an individual who is:
(A) 10 years of age or older and younger than 19
years of age; and
(B) placed in or committed to a facility for
conduct violating a penal law that occurred or an offense committed
before the individual's 17th birthday.
(1-a) "Facility" means a juvenile justice facility
operated wholly or partly by the juvenile board, by another
governmental unit, or by a private vendor under a contract with the
juvenile board, county, or other governmental unit that serves
juveniles under juvenile court jurisdiction. The term includes:
(A) a public or private juvenile
pre-adjudication secure detention facility, including a holdover
facility;
(B) a public or private juvenile
post-adjudication secure correctional facility; and
(C) a public or private non-secure juvenile
post-adjudication residential treatment facility that is not
licensed by the Department of Family and Protective Services or the
Department of State Health Services.
(1-b) "Independent ombudsman" means the individual
who has been appointed under this chapter to the office of
independent ombudsman.
SECTION 2. Section 261.002, Human Resources Code, is
amended to read as follows:
Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of
independent ombudsman is a state agency established for the purpose
of investigating, evaluating, and securing the rights of the
children placed in or committed to a facility [the department],
including a child released under supervision before final
discharge.
SECTION 3. Section 261.055(b), Human Resources Code, is
amended to read as follows:
(b) The independent ombudsman shall immediately report to
the board, the governor, the lieutenant governor, the speaker of
the house of representatives, the state auditor, and the office of
the inspector general of the department any particularly serious or
flagrant:
(1) case of abuse or injury of a child placed in or
committed to a facility [the department];
(2) problem concerning the administration of a
facility [department] program or operation;
(3) problem concerning the delivery of services in a
facility [operated by or under contract with the department]; or
(4) interference by an operator of a facility [the
department] with an investigation conducted by the office.
SECTION 4. Section 261.056(a), Human Resources Code, is
amended to read as follows:
(a) The operator of a facility [department] shall allow any
child placed in or committed to the facility [the department] to
communicate with the independent ombudsman or an assistant to the
ombudsman. The communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
SECTION 5. Section 261.057, Human Resources Code, is
amended to read as follows:
Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The
independent ombudsman shall promote awareness among the public and
the children placed in or committed to a facility [the department]
of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SECTION 6. Section 261.058(b), Human Resources Code, is
amended to read as follows:
(b) The office and the board shall adopt rules necessary to
implement Section 261.060, including rules that establish
procedures for an operator of a facility [the department] to review
and comment on reports of the office and for the operator
[department] to expedite or eliminate review of and comment on a
report due to an emergency or a serious or flagrant circumstance
described by Section 261.055(b).
SECTION 7. Section 261.060(a), Human Resources Code, is
amended to read as follows:
(a) The office shall accept, both before and after
publication, comments from the board or the operator of a facility,
as applicable, concerning the following types of reports published
by the office under this chapter:
(1) the office's quarterly report under Section
261.055(a);
(2) reports concerning serious or flagrant
circumstances under Section 261.055(b); and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect an
operator of a facility [the department].
SECTION 8. Sections 261.101(a) and (b), Human Resources
Code, are amended to read as follows:
(a) The independent ombudsman shall:
(1) review the procedures established by the board and
evaluate the delivery of services to children to ensure that the
rights of children are fully observed;
(2) review complaints filed with the independent
ombudsman concerning the actions of an operator of a facility [the
department] and investigate each complaint in which it appears that
a child may be in need of assistance from the independent ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) a child placed in or committed to a facility
[the department] or the child's family may be in need of assistance
from the office; or
(B) a systemic issue in [the department's]
provision of services by an operator of a facility is raised by a
complaint;
(4) review or inspect periodically the facilities and
procedures of any institution or residence in which a child has been
placed by the department, a juvenile probation department, or a
county, whether public or private, to ensure that the rights of
children are fully observed;
(5) provide assistance to a child or family who the
independent ombudsman determines is in need of assistance,
including advocating with an agency, provider, or other person in
the best interests of the child;
(6) review court orders as necessary to fulfill its
duties;
(7) recommend changes in any procedure relating to the
treatment of children placed in or committed to a facility [the
department];
(8) make appropriate referrals under any of the duties
and powers listed in this subsection;
(9) supervise assistants who are serving as advocates
in their representation of children placed in or committed to a
facility [the department] in internal administrative and
disciplinary hearings;
(10) review reports received by the department
relating to complaints regarding juvenile probation programs,
services, or facilities and analyze the data contained in the
reports to identify trends in complaints; and
(11) report a possible standards violation by a local
juvenile probation department to the appropriate division of the
department.
(b) The independent ombudsman may:
(1) apprise persons who are interested in a child's
welfare of the rights of the child; and
(2) conduct, organize, and provide technical
assistance for audits of facilities to ensure that the audits are
conducted in compliance with the federal Prison Rape Elimination
Act National Standards, 28 C.F.R. Part 115, Subpart E.
SECTION 9. Section 261.102, Human Resources Code, is
amended to read as follows:
Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
COOPERATE WITH INDEPENDENT OMBUDSMAN. The operator of a facility
[department] may not discharge or in any manner discriminate or
retaliate against an employee who in good faith makes a complaint to
the office of independent ombudsman or cooperates with the office
in an investigation.
SECTION 10. Section 261.104, Human Resources Code, is
amended to read as follows:
Sec. 261.104. MEMORANDUM OF UNDERSTANDING. (a) The office
and an operator of a facility [the department] shall enter into a
memorandum of understanding concerning:
(1) the most efficient manner in which to share
information with one another; and
(2) the procedures for handling overlapping
monitoring duties and activities performed by the office and the
department or a county.
(b) The memorandum of understanding entered into under
Subsection (a), at a minimum, must:
(1) address the interaction of the office with that
portion of the department that conducts an internal audit under
Section 203.013 and with the internal audit procedures of a county;
(2) address communication between the office and the
operator of a facility [department] concerning individual
situations involving children placed in or committed to the
facility [department] and how those situations will be documented
and handled;
(3) contain guidelines on the office's role in
relevant working groups and policy development decisions at the
department or with the county;
(4) ensure opportunities for sharing information
between the office and the department or county for the purposes of
assuring quality and improving programming within the facility
[department]; and
(5) preserve the independence of the office by
authorizing the office to withhold information concerning matters
under active investigation by the office from the operator of a
facility [department] and the [department] staff of the facility
and to report the information to the board and the governor.
SECTION 11. Sections 261.151(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The independent ombudsman has access to the
[department's] records of the operator of a facility relating to
the children placed in or committed to the facility [department].
(c) A local law enforcement agency shall allow the
independent ombudsman access to its records relating to any child
in the care or custody of an operator of a facility [the
department].
SECTION 12. Section 261.152, Human Resources Code, is
amended to read as follows:
Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The independent ombudsman shall have access to the records of a
private entity that relate to a child placed in or committed to a
facility [the department].
SECTION 13. This Act takes effect September 1, 2015.