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A BILL TO BE ENTITLED
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AN ACT
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relating to the office of independent ombudsman of the Texas Youth |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Human Resources Code, is |
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amended by adding Chapter 64 to read as follows: |
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CHAPTER 64. OFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH |
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COMMISSION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 64.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Youth Commission. |
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(2) "Office" means the office of independent ombudsman |
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created under this chapter. |
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(3) "Independent ombudsman" means the individual who |
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has been appointed under this chapter to the office of independent |
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ombudsman. |
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Sec. 64.002. ESTABLISHMENT; PURPOSE. The commission shall |
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establish an office of independent ombudsman for the purpose of |
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investigating and securing the rights of the children committed to |
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the commission. |
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Sec. 64.003. INDEPENDENCE. The independent ombudsman in |
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the performance of its duties and powers under this chapter acts |
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independently of the commission. |
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[Sections 64.004-64.050 reserved for expansion] |
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SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE |
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Sec. 64.051. APPOINTMENT BY GOVERNOR. (a) The governor |
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shall appoint the independent ombudsman for a term of two years. |
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(b) An independent ombudsman may not serve more than three |
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terms in that capacity. |
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Sec. 64.052. ASSISTANTS. The independent ombudsman may |
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appoint assistants to perform, under the direction of the |
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independent ombudsman, the same duties and exercise the same powers |
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as the independent ombudsman. |
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Sec. 64.053. REPORT. On or before January 1 of each year, |
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the independent ombudsman shall submit to the governor, the |
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lieutenant governor, and each member of the legislature a report |
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that describes, for the one-year period preceding the report: |
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(1) the work of the independent ombudsman; |
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(2) the results of any review or investigation |
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undertaken by the independent ombudsman; and |
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(3) any recommendations that the independent |
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ombudsman has in relation to the duties of the independent |
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ombudsman. |
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Sec. 64.054. COMMUNICATION AND CONFIDENTIALITY. (a) The |
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commission shall allow any child committed to it to communicate |
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with the independent ombudsman. The communication: |
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(1) may be in person, by mail, or by any other means; |
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and |
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(2) is confidential and privileged. |
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(b) The records of the independent ombudsman are |
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confidential, except that the independent ombudsman shall disclose |
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its records if required by a court order on a showing of good cause. |
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(c) The independent ombudsman may make reports relating to |
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an investigation public after the investigation is complete but |
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only if the names of all children, parents, and employees are |
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redacted from the report and remain confidential. |
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Sec. 64.055. PROMOTION OF AWARENESS OF OFFICE. The |
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independent ombudsman shall promote awareness among the public and |
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the children committed to the commission of: |
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(1) how the office may be contacted; |
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(2) the purpose of the office; and |
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(3) the services the office provides. |
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Sec. 64.056. AGREEMENTS AND CONTRACTS. The office may |
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enter into a cooperative agreement or contract with any person to |
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perform the duties and powers of the office. |
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[Sections 64.057-64.100 reserved for expansion] |
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SUBCHAPTER C. DUTIES AND POWERS |
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Sec. 64.101. DUTIES AND POWERS. (a) The independent |
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ombudsman shall: |
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(1) review the procedures established by the |
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commission and evaluate the delivery of services to children to |
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ensure that the rights of children are fully observed; |
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(2) review complaints filed with the independent |
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ombudsman concerning the actions of the commission and investigate |
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each complaint in which it appears that a child may be in need of |
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assistance from the independent ombudsman; |
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(3) review or inspect periodically the facilities and |
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procedures of any institution or residence in which a child has been |
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placed by the commission, whether public or private, to ensure that |
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the rights of children are fully observed; |
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(4) investigate the death of any child in the care or |
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custody of the commission; |
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(5) pursuant to an investigation, provide assistance |
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to a child or family who the ombudsman determines is in need of |
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assistance including advocating with an agency, provider, or other |
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person in the best interests of the child; |
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(6) review court orders as necessary to fulfill its |
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duties; |
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(7) recommend changes in any procedure relating to the |
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treatment of children committed to the commission; and |
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(8) make appropriate referrals under any of the duties |
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and powers provided in this subchapter. |
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(b) The independent ombudsman may apprise persons who are |
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interested in a child's welfare of the rights of the child. |
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(c) The independent ombudsman may, to assess if a child's |
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rights have been violated, contact or consult with an |
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administrator, employee, child, parent, expert, or any other |
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individual in its investigation or to secure information. |
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[Sections 64.102-64.150 reserved for expansion] |
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SUBCHAPTER D. ACCESS TO INFORMATION |
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Sec. 64.151. ACCESS TO INFORMATION OF GOVERNMENTAL |
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ENTITIES. (a) The commission shall allow the independent |
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ombudsman access to its records relating to the children committed |
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to it. |
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(b) The Department of Public Safety shall allow the |
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independent ombudsman access to the juvenile justice information |
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system established under Subchapter B, Chapter 58, Family Code. |
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(c) A local law enforcement agency shall allow the |
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independent ombudsman access to its records relating to any child |
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in the care or custody of the commission. |
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Sec. 64.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
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The independent ombudsman may subpoena the records of a private |
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entity that relate to a child committed to the commission. |
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SECTION 2. Section 58.106(a), Family Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this section, |
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information contained in the juvenile justice information system is |
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confidential information for the use of the department and may not |
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be disseminated by the department except: |
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(1) with the permission of the juvenile offender, to |
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military personnel of this state or the United States; |
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(2) to a person or entity to which the department may |
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grant access to adult criminal history records as provided by |
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Section 411.083, Government Code; |
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(3) to a juvenile justice agency; [and] |
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(4) to the Criminal Justice Policy Council, the Texas |
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Youth Commission, and the Texas Juvenile Probation Commission for |
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analytical purposes; and |
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(5) to the office of independent ombudsman of the |
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Texas Youth Commission. |
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SECTION 3. The first term of the office of independent |
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ombudsman of the Texas Youth Commission established under Chapter |
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64, Human Resources Code, as added by this Act, begins October 1, |
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2007, and ends December 31, 2009. |
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SECTION 4. This Act takes effect September 1, 2007. |