Texas 2015 - 84th Regular

Texas Senate Bill SB830 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 830
2		-	(Dutton)
	1	+	S.B. No. 830
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of an independent ombudsman for children
8	6		and youth in foster care.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Chapter 531, Government Code, is amended by
11	9		adding Subchapter Y to read as follows:
12	10		SUBCHAPTER Y. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE
13	11		Sec. 531.991. DEFINITIONS. In this subchapter:
14	12		(1) "Department" means the Department of Family and
15	13		Protective Services.
16	14		(2) "Ombudsman" means the individual appointed as the
17	15		ombudsman for children and youth in foster care.
18	16		Sec. 531.992. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER
19	17		CARE. (a) The executive commissioner shall appoint an ombudsman
20	18		for children and youth in foster care to serve at the will of the
21	19		executive commissioner.
22	20		(b) The ombudsman is administratively attached to the
23	21		office of the ombudsman for the commission.
24	22		(c) Subject to the appropriation of money for that purpose,
25	23		the ombudsman may employ staff to assist the ombudsman in
26	24		performing the ombudsman's duties under this subchapter.
27	25		Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman
28	26		serves as a neutral party in assisting children and youth in the
29	27		conservatorship of the department with complaints regarding issues
30	28		within the authority of the department or another health and human
31	29		services agency.
32	30		(b) The ombudsman shall:
33	31		(1) develop and implement statewide procedures to:
34	32		(A) receive complaints from children and youth in
35	33		the conservatorship of the department;
36	34		(B) review complaints filed with the ombudsman
37	35		and take appropriate action, including:
38	36		(i) conducting an investigation into
39	37		individual complaints that allege violations of department or
40	38		agency procedure or policy or other violations; and
41	39		(ii) referring to department or agency
42	40		management for resolution any trends or systemic issues identified
43	41		in complaints;
44	42		(C) provide any necessary assistance to children
45	43		and youth in the conservatorship of the department in making
46	44		complaints and reporting allegations of abuse or neglect to the
47	45		department;
48	46		(D) maintain the confidentiality of:
49	47		(i) the ombudsman's communications and
50	48		records;
51	49		(ii) records of another person that have
52	50		been provided to the ombudsman; and
53	51		(iii) communications of another person with
54	52		the ombudsman; and
55	53		(E) ensure that the department and a child or
56	54		youth in the conservatorship of the department who files a
57	55		complaint with the ombudsman are informed of the results of the
58	56		ombudsman's investigation of the complaint, including whether the
59	57		ombudsman was able to substantiate the child's or youth's
60	58		complaint;
61	59		(2) collaborate with the department to develop and
62	60		implement an annual outreach plan to promote awareness of the
63	61		ombudsman among children and youth in the conservatorship of the
64	62		department;
65	63		(3) issue and file with the department and any
66	64		applicable health and human services agency a report that contains
67	65		the ombudsman's final determination regarding a complaint and any
68	66		recommended corrective actions to be taken as a result of the
69	67		complaint;
70	68		(4) establish a secure form of communication with any
71	69		individual who files a complaint with the ombudsman; and
72	70		(5) collaborate with the department to identify
73	71		consequences for any retaliatory action related to a complaint
74	72		filed with the ombudsman, in accordance with Section 40.0041(g),
75	73		Human Resources Code.
76	74		Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If,
77	75		during the investigation of a complaint, the ombudsman discovers
78	76		unreported violations of the department's or a health and human
79	77		services agency's rules and policies, the ombudsman shall open a
80	78		new investigation for each unreported violation.
81	79		Sec. 531.995. ACCESS TO INFORMATION. The department and
82	80		each health and human services agency shall provide the ombudsman
83	81		access to the department's or agency's records that relate to a
84	82		complaint the ombudsman is reviewing or investigating.
85	83		Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A
86	84		person may communicate with the ombudsman relating to a complaint
87	85		by telephone, by mail, by electronic mail, or by any other means the
88	86		ombudsman determines to be feasible, secure, and accessible to
89	87		children and youth.
90	88		(b) A communication with the ombudsman is confidential
91	89		during an investigation or review of a complaint and remains
92	90		confidential after the complaint is resolved.
93	91		(c) The records of the ombudsman are confidential and must
94	92		be maintained in a manner that preserves the confidentiality of the
95	93		records.
96	94		(d) The disclosure of confidential information to the
97	95		ombudsman under this section or Section 531.995 does not constitute
98	96		a waiver of confidentiality. Any information disclosed to the
99	97		ombudsman under this section or Section 531.995 remains
100	98		confidential and privileged following disclosure.
101	99		(e) The ombudsman is not prohibited from communicating with
102	100		the department or another health and human services agency
103	101		regarding confidential information disclosed to the ombudsman by
104	102		the department or agency.
105	103		(f) The ombudsman may make reports relating to an
106	104		investigation of a complaint public after the complaint is
107	105		resolved. A report may not include information that identifies an
108	106		individual complainant, client, parent, or employee or any other
109	107		person involved in the complaint.
110	108		Sec. 531.997. RETALIATION PROHIBITED. The department or
111	109		another health and human services agency may not retaliate against
112	110		a child or youth in the conservatorship of the department who in
113	111		good faith makes a complaint to the ombudsman or against any person
114	112		who cooperates with the ombudsman in an investigation.
115	113		Sec. 531.998. REPORT. (a) The ombudsman shall prepare an
116	114		annual report that contains:
117	115		(1) a description of the ombudsman's work;
118	116		(2) any change made by the department or another
119	117		health and human services agency in response to a substantiated
120	118		complaint;
121	119		(3) a description of any trends in the nature of
122	120		complaints received by the ombudsman, any recommendations related
123	121		to addressing those trends, and an evaluation of the feasibility of
124	122		the ombudsman's recommendations;
125	123		(4) a glossary of terms used in the report;
126	124		(5) a description of the methods used to promote
127	125		awareness of the ombudsman under Section 531.993(b) and the
128	126		ombudsman's promotion plan for the next year; and
129	127		(6) any public feedback received by the ombudsman
130	128		relating to the ombudsman's previous annual reports.
131	129		(b) The report must be submitted to the executive
132	130		commissioner and the commissioner of the department not later than
133	131		December 1 of each year. On receipt of the report, the department
134	132		and the commission shall make the report publicly available on the
135	133		department's and the commission's Internet websites.
136	134		SECTION 2. Section 40.0041, Human Resources Code, is
137	135		amended by adding Subsections (g) and (h) to read as follows:
138	136		(g) The department shall cooperate with the ombudsman for
139	137		children and youth in foster care to create consequences, based on
140	138		the circumstances of the complaint and the severity of the
141	139		retaliation, for any person who is found to have retaliated against
142	140		a child or youth in the conservatorship of the department because of
143	141		a complaint made to the ombudsman.
144	142		(h) The executive commissioner shall adopt rules requiring
145	143		all residential child-care facilities in which children and youth
146	144		in the conservatorship of the department are placed to display
147	145		information about the ombudsman for children and youth in foster
148	146		care and the process for filing a complaint with the ombudsman in a
149	147		location that is easily accessible and offers maximum privacy to
150	148		the children and youth residing at the facility.
151	149		SECTION 3. As soon as possible after the effective date of
152	150		this Act, the executive commissioner of the Health and Human
153	151		Services Commission shall assign one full-time equivalent employee
154	152		of the Department of Family and Protective Services to serve as the
155	153		ombudsman for children and youth in foster care.
156	154		SECTION 4. This Act takes effect September 1, 2015.
	155	+	______________________________ ______________________________
	156	+	President of the Senate Speaker of the House
	157	+	I hereby certify that S.B. No. 830 passed the Senate on
	158	+	May 12, 2015, by the following vote: Yeas 30, Nays 0.
	159	+	______________________________
	160	+	Secretary of the Senate
	161	+	I hereby certify that S.B. No. 830 passed the House on
	162	+	May 27, 2015, by the following vote: Yeas 143, Nays 1, two
	163	+	present not voting.
	164	+	______________________________
	165	+	Chief Clerk of the House
	166	+	Approved:
	167	+	______________________________
	168	+	Date
	169	+	______________________________
	170	+	Governor