84R12115 MK-D
By: Rodriguez of Bexar H.B. No. 3678
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, 2027.
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, 2015.