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.
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 Subdivision (1-a) to
read as follows:
(1) "Facility" means:
(A) a nonsecure correctional facility, as
defined by Section 51.02, Family Code;
(B) a secure correctional facility, as defined by
Section 51.02, Family Code; or
(C) any other residential facility that,
pursuant to the order of a juvenile court, accepts children
adjudicated for conduct indicating a need for supervision or
delinquent conduct.
(1-a) "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 committed to the department, including a child released
under supervision before final discharge and a child placed in a
facility pursuant to a juvenile court order.
SECTION 3. Section 261.055, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) The independent ombudsman shall immediately report to
the board, the governor, the lieutenant governor, the speaker of
the house of representatives, the state auditor, the executive
director of the department, and the chief juvenile probation
officer and juvenile board operating or contracting for the
operation of the facility that is the subject of the report any
particularly serious or flagrant:
(1) case of abuse or injury of a child placed in the
facility;
(2) problem concerning the administration of the
facility;
(3) problem concerning the delivery of services in the
facility; or
(4) interference by a person associated with the
facility with an investigation conducted by the office.
SECTION 4. Section 261.056(a), Human Resources Code, is
amended to read as follows:
(a) The department or other operator of a facility, as
applicable, shall allow any child committed to the department or
placed in the facility 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 committed to the department or placed in a facility of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SECTION 6. Section 261.060(a), Human Resources Code, is
amended to read as follows:
(a) The office shall accept, both before and after
publication, comments from the board, a juvenile board, a chief
juvenile probation officer, or other 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) or (c); and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect the
department or a facility.
SECTION 7. 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 the department or a facility
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 committed to the department or
placed in a facility or the child's family may be in need of
assistance from the office; or
(B) a systemic issue in the department's or a
facility's provision of services 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
juvenile court, 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 committed to the department or placed in a
facility;
(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 committed to the department or
placed in a facility 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 unless the disclosure is
prohibited by law; 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 8. 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 department, a juvenile
board, a juvenile probation department, or other operator of a
facility, as applicable, 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 9. Section 261.104, Human Resources Code, is
amended to read as follows:
Sec. 261.104. MEMORANDUM OF UNDERSTANDING. (a) The
office, [and] the department, a juvenile board, a juvenile
probation department, or other operator of a facility, as
applicable, 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, juvenile board, juvenile probation department,
operator of the facility, or other entity; and
(3) procedures for a juvenile board, a chief juvenile
probation officer, or other operator of a facility, as appropriate,
to comment on reports of the office related to children in a
facility, including procedures to expedite or eliminate comment on
a report due to an emergency or a serious or flagrant circumstance
described by Section 261.055(c).
(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
juvenile probation department or facility;
(2) address communication between the office and the
department or other operator of a facility concerning individual
situations involving children committed to the department or placed
in a facility, as applicable, 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 a juvenile board, a juvenile probation
department, or other operator of a facility, as applicable;
(4) ensure opportunities for sharing information
between the office and the department or facility for the purposes
of assuring quality and improving programming within the department
or facility; 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 department and
department staff or from the facility and the staff of the facility
and to report the information to the board and the governor.
SECTION 10. Section 261.151, Human Resources Code, is
amended by adding Subsection (a-1) and amending Subsection (c) to
read as follows:
(a-1) The independent ombudsman has access to the records of
the operator of a facility relating to the children placed in the
facility.
(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 the department or other operator of a
facility.
SECTION 11. 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 committed to the department or
placed in a facility.
SECTION 12. This Act takes effect September 1, 2015.