By: Menéndez, Garcia S.B. No. 213
A BILL TO BE ENTITLED
AN ACT
relating to the office of ombudsman for the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter Y, Chapter 531,
Government Code, is amended to read as follows:
SUBCHAPTER Y. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE]
SECTION 2. Section 531.991(2), Government Code, is amended
to read as follows:
(2) "Ombudsman" means the individual appointed as the
ombudsman for the Department of Family and Protective Services
[children and youth in foster care].
SECTION 3. The heading to Section 531.992, Government Code,
is amended to read as follows:
Sec. 531.992. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE].
SECTION 4. Section 531.992(a), Government Code, is amended
to read as follows:
(a) The governor [executive commissioner] shall appoint an
ombudsman for the Department of Family and Protective Services
[children and youth in foster care] to serve at the will of the
governor [executive commissioner].
SECTION 5. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9921 to read as follows:
Sec. 531.9921. CONFLICT OF INTEREST. A person may not serve
as 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 because of the person's activities for compensation on
behalf of a profession related to the operation of the department.
SECTION 6. Section 531.993, Government Code, is amended to
read as follows:
Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman
serves as a neutral party in assisting:
(1) 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; and
(2) 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.
(b) The ombudsman shall:
(1) develop and implement statewide procedures to:
(A) receive complaints from children and youth in
the conservatorship of the department and other persons with a
complaint against 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 any person or
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 person's, 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 the public, children and youth in the
conservatorship of the department, family members and caretakers of
those children, and facilities licensed by the department and that
includes:
(A) how the office may be contacted;
(B) the purpose of the office; and
(C) the services the office provides;
(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; and
(6) monitor and evaluate the department's corrective
actions taken in response to a recommendation by the ombudsman.
(c) The ombudsman's final determination in a report
described by Subsection (b)(3) 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 ombudsman determines there was wrongdoing or
negligence, the ombudsman shall recommend corrective actions to be
taken by the department.
(d) The ombudsman may attend any judicial proceeding
related to a complaint filed with the office.
SECTION 7. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9941 to read as follows:
Sec. 531.9941. DISPUTES REGARDING FOSTER CHILDREN. (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 ombudsman by filing a complaint with the ombudsman.
(b) The complaint filed with the ombudsman must include a
clear explanation of the dispute and the requested remedy.
(c) The ombudsman shall notify the court with jurisdiction
over the child's case of any investigation of a complaint filed
under this subchapter.
SECTION 8. Section 531.997, Government Code, is amended to
read as follows:
Sec. 531.997. RETALIATION PROHIBITED. The department or
another health and human services agency may not retaliate against
a department employee, a child or youth in the conservatorship of
the department, or any other person who in good faith makes a
complaint to the ombudsman or against any person who cooperates
with the ombudsman in an investigation.
SECTION 9. Section 531.998(b), Government Code, is amended
to read as follows:
(b) The report must be submitted to the governor, the
lieutenant governor, each standing committee of the legislature
with jurisdiction over matters involving the department, each
member of the legislature, 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 10. As soon as practicable after the effective date
of this Act, the commissioner of the Department of Family and
Protective Services shall:
(1) abolish the office of consumer affairs in the
department; and
(2) transfer any department funds and resources
allocated to the office of consumer affairs to the ombudsman for the
Department of Family and Protective Services created under
Subchapter Y, Chapter 531, Government Code, as amended by this Act.
SECTION 11. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
SECTION 12. This Act takes effect September 1, 2017.