Texas 2017 - 85th Regular

Texas House Bill HB951 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2457 MK-D
2	2	By: Rodriguez of Bexar H.B. No. 951
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the office of independent ombudsman for the Department
8	8	of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Human Resources Code, is
11	11	amended by adding Chapter 45 to read as follows:
12	12	CHAPTER 45. OFFICE OF INDEPENDENT OMBUDSMAN FOR DEPARTMENT OF
13	13	FAMILY AND PROTECTIVE SERVICES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 45.001. DEFINITIONS. In this chapter:
16	16	(1) "Department" means the Department of Family and
17	17	Protective Services.
18	18	(2) "Independent ombudsman" means the individual
19	19	appointed under this chapter as ombudsman for the office.
20	20	(3) "Office" means the office of independent ombudsman
21	21	for the department.
22	22	Sec. 45.002. INDEPENDENCE. The independent ombudsman in
23	23	the performance of the ombudsman's duties and powers under this
24	24	chapter acts independently of the department.
25	25	Sec. 45.003. SUNSET PROVISION. The office is subject to
26	26	Chapter 325, Government Code (Texas Sunset Act). Unless continued
27	27	in existence as provided by that chapter, the office is abolished
28	28	and this chapter expires September 1, 2029.
29	29	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
30	30	Sec. 45.051. APPOINTMENT. The governor shall appoint the
31	31	independent ombudsman to serve at the will of the governor.
32	32	Sec. 45.052. ASSISTANTS. The independent ombudsman may
33	33	appoint assistants to perform, under the direction of the
34	34	independent ombudsman, the same duties and exercise the same powers
35	35	as the independent ombudsman.
36	36	Sec. 45.053. CONFLICT OF INTEREST. A person may not serve
37	37	as independent ombudsman or as an assistant ombudsman if the person
38	38	or the person's spouse:
39	39	(1) is employed by or participates in the management
40	40	of a business entity or other organization receiving funds from the
41	41	department;
42	42	(2) owns or controls, directly or indirectly, any
43	43	interest in a business entity or other organization receiving funds
44	44	from the department; or
45	45	(3) is required to register as a lobbyist under
46	46	Chapter 305, Government Code, because of the person's activities
47	47	for compensation on behalf of a profession related to the operation
48	48	of the department.
49	49	Sec. 45.054. REPORT. On or before January 1 of each year,
50	50	the independent ombudsman shall submit to the governor, the
51	51	lieutenant governor, and each member of the legislature a report
52	52	that describes, for the one-year period preceding the report:
53	53	(1) the work of the ombudsman, including a summary of
54	54	each complaint the ombudsman investigated, the ombudsman's
55	55	recommendation on the complaint, and whether the complaint was
56	56	resolved or required further action;
57	57	(2) the ombudsman's recommendations relating to the
58	58	ombudsman's duties; and
59	59	(3) the ombudsman's recommendations for improving the
60	60	operation of the department.
61	61	Sec. 45.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
62	62	department shall allow any department employee, any party in an
63	63	initial investigation, and any child in the conservatorship of the
64	64	department to communicate with the independent ombudsman. The
65	65	communication:
66	66	(1) may be in person, by mail, or by any other means;
67	67	and
68	68	(2) is confidential and privileged.
69	69	(b) All information related to a complaint under
70	70	investigation by the office, including the names of persons who
71	71	receive services from the department, complainants, and
72	72	individuals who provide information to the office in the course of
73	73	an investigation, is confidential, unless the independent
74	74	ombudsman considers the disclosure of the information is necessary
75	75	to:
76	76	(1) allow the independent ombudsman to conduct the
77	77	duties of the office; or
78	78	(2) support any recommendation made by the independent
79	79	ombudsman resulting from an investigation conducted by the office.
80	80	(c) The independent ombudsman may not disclose or
81	81	disseminate any information received by the office that is
82	82	considered by law to be confidential or privileged.
83	83	Sec. 45.056. PROMOTION OF OFFICE. The independent
84	84	ombudsman shall promote awareness among the public, children in the
85	85	conservatorship of the department, family members and caretakers of
86	86	those children, and facilities licensed by the department of:
87	87	(1) how the office may be contacted;
88	88	(2) the purpose of the office; and
89	89	(3) the services the office provides.
90	90	SUBCHAPTER C. DUTIES AND POWERS
91	91	Sec. 45.101. DUTIES AND POWERS. (a) The independent
92	92	ombudsman serves as a neutral party in assisting persons with a
93	93	complaint against the department regarding case-specific
94	94	activities of the programs of the department, including adult
95	95	protective services, child protective services, child-care
96	96	licensing, and statewide intake. The independent ombudsman shall:
97	97	(1) review complaints filed with the ombudsman
98	98	concerning the actions of the department and investigate each
99	99	complaint;
100	100	(2) require the department to provide access to all
101	101	records, data, and other information under the control of the
102	102	department that the ombudsman determines are necessary to
103	103	investigate a complaint;
104	104	(3) review any reports produced by the department
105	105	regarding a complaint referred by the ombudsman;
106	106	(4) issue a final report with the ombudsman's final
107	107	determination of a complaint's merit; and
108	108	(5) monitor and evaluate the department's actions
109	109	relating to the ombudsman's recommendations under Subsection (b).
110	110	(b) The independent ombudsman's final determination in a
111	111	report described by Subsection (a)(4) must include a determination
112	112	of whether there was wrongdoing or negligence by the department or
113	113	an agent of the department or whether the complaint was frivolous
114	114	and without merit. If the independent ombudsman determines there
115	115	was wrongdoing or negligence, the independent ombudsman shall
116	116	recommend corrective actions to be taken by the department.
117	117	(c) The independent ombudsman may attend any judicial
118	118	proceeding related to a complaint filed with the office.
119	119	Sec. 45.102. ACCESS TO INFORMATION. (a) The department
120	120	shall allow the independent ombudsman access to the department's
121	121	records that relate to a complaint the ombudsman is investigating.
122	122	(b) The independent ombudsman may subpoena the records of a
123	123	private entity that relate to a complaint the ombudsman is
124	124	investigating.
125	125	Sec. 45.103. RETALIATION PROHIBITED. The department may
126	126	not retaliate against a department employee or any other person who
127	127	in good faith makes a complaint to the office or cooperates with the
128	128	office in an investigation.
129	129	SUBCHAPTER D. DISPUTES REGARDING FOSTER CHILDREN
130	130	Sec. 45.151. COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN.
131	131	(a) A child-placing agency responsible for a foster child may refer
132	132	a dispute regarding the child's placement or the permanency plan
133	133	for the child to the independent ombudsman by filing a complaint
134	134	with the ombudsman.
135	135	(b) The complaint filed with the independent ombudsman must
136	136	include a clear explanation of the dispute and the requested
137	137	remedy.
138	138	Sec. 45.152. NOTIFICATION OF COURT OF INVESTIGATION. The
139	139	independent ombudsman shall notify the court with jurisdiction over
140	140	the child's case of any investigation of a complaint filed under
141	141	this subchapter.
142	142	SECTION 2. This Act takes effect September 1, 2017.