By: Kolkhorst S.B. No. 830
(Dutton)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an independent ombudsman for children
and youth in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter Y to read as follows:
SUBCHAPTER Y. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE
Sec. 531.991. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Ombudsman" means the individual appointed as the
ombudsman for children and youth in foster care.
Sec. 531.992. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER
CARE. (a) The executive commissioner shall appoint an ombudsman
for children and youth in foster care to serve at the will of the
executive commissioner.
(b) The ombudsman is administratively attached to the
office of the ombudsman for the commission.
(c) Subject to the appropriation of money for that purpose,
the ombudsman may employ staff to assist the ombudsman in
performing the ombudsman's duties under this subchapter.
Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman
serves as a neutral party in assisting children and youth in the
conservatorship of the department with complaints regarding issues
within the authority of the department or another health and human
services agency.
(b) The ombudsman shall:
(1) develop and implement statewide procedures to:
(A) receive complaints from children and youth in
the conservatorship of the department;
(B) review complaints filed with the ombudsman
and take appropriate action, including:
(i) conducting an investigation into
individual complaints that allege violations of department or
agency procedure or policy or other violations; and
(ii) referring to department or agency
management for resolution any trends or systemic issues identified
in complaints;
(C) provide any necessary assistance to children
and youth in the conservatorship of the department in making
complaints and reporting allegations of abuse or neglect to the
department;
(D) maintain the confidentiality of:
(i) the ombudsman's communications and
records;
(ii) records of another person that have
been provided to the ombudsman; and
(iii) communications of another person with
the ombudsman; and
(E) ensure that the department and a child or
youth in the conservatorship of the department who files a
complaint with the ombudsman are informed of the results of the
ombudsman's investigation of the complaint, including whether the
ombudsman was able to substantiate the child's or youth's
complaint;
(2) collaborate with the department to develop and
implement an annual outreach plan to promote awareness of the
ombudsman among children and youth in the conservatorship of the
department;
(3) issue and file with the department and any
applicable health and human services agency a report that contains
the ombudsman's final determination regarding a complaint and any
recommended corrective actions to be taken as a result of the
complaint;
(4) establish a secure form of communication with any
individual who files a complaint with the ombudsman; and
(5) collaborate with the department to identify
consequences for any retaliatory action related to a complaint
filed with the ombudsman, in accordance with Section 40.0041(g),
Human Resources Code.
Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If,
during the investigation of a complaint, the ombudsman discovers
unreported violations of the department's or a health and human
services agency's rules and policies, the ombudsman shall open a
new investigation for each unreported violation.
Sec. 531.995. ACCESS TO INFORMATION. The department and
each health and human services agency shall provide the ombudsman
access to the department's or agency's records that relate to a
complaint the ombudsman is reviewing or investigating.
Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A
person may communicate with the ombudsman relating to a complaint
by telephone, by mail, by electronic mail, or by any other means the
ombudsman determines to be feasible, secure, and accessible to
children and youth.
(b) A communication with the ombudsman is confidential
during an investigation or review of a complaint and remains
confidential after the complaint is resolved.
(c) The records of the ombudsman are confidential and must
be maintained in a manner that preserves the confidentiality of the
records.
(d) The disclosure of confidential information to the
ombudsman under this section or Section 531.995 does not constitute
a waiver of confidentiality. Any information disclosed to the
ombudsman under this section or Section 531.995 remains
confidential and privileged following disclosure.
(e) The ombudsman is not prohibited from communicating with
the department or another health and human services agency
regarding confidential information disclosed to the ombudsman by
the department or agency.
(f) The ombudsman may make reports relating to an
investigation of a complaint public after the complaint is
resolved. A report may not include information that identifies an
individual complainant, client, parent, or employee or any other
person involved in the complaint.
Sec. 531.997. RETALIATION PROHIBITED. The department or
another health and human services agency may not retaliate against
a child or youth in the conservatorship of the department who in
good faith makes a complaint to the ombudsman or against any person
who cooperates with the ombudsman in an investigation.
Sec. 531.998. REPORT. (a) The ombudsman shall prepare an
annual report that contains:
(1) a description of the ombudsman's work;
(2) any change made by the department or another
health and human services agency in response to a substantiated
complaint;
(3) a description of any trends in the nature of
complaints received by the ombudsman, any recommendations related
to addressing those trends, and an evaluation of the feasibility of
the ombudsman's recommendations;
(4) a glossary of terms used in the report;
(5) a description of the methods used to promote
awareness of the ombudsman under Section 531.993(b) and the
ombudsman's promotion plan for the next year; and
(6) any public feedback received by the ombudsman
relating to the ombudsman's previous annual reports.
(b) The report must be submitted to the executive
commissioner and the commissioner of the department not later than
December 1 of each year. On receipt of the report, the department
and the commission shall make the report publicly available on the
department's and the commission's Internet websites.
SECTION 2. Section 40.0041, Human Resources Code, is
amended by adding Subsections (g) and (h) to read as follows:
(g) The department shall cooperate with the ombudsman for
children and youth in foster care to create consequences, based on
the circumstances of the complaint and the severity of the
retaliation, for any person who is found to have retaliated against
a child or youth in the conservatorship of the department because of
a complaint made to the ombudsman.
(h) The executive commissioner shall adopt rules requiring
all residential child-care facilities in which children and youth
in the conservatorship of the department are placed to display
information about the ombudsman for children and youth in foster
care and the process for filing a complaint with the ombudsman in a
location that is easily accessible and offers maximum privacy to
the children and youth residing at the facility.
SECTION 3. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall assign one full-time equivalent employee
of the Department of Family and Protective Services to serve as the
ombudsman for children and youth in foster care.
SECTION 4. This Act takes effect September 1, 2015.