84R11108 MK-D
 
  By: Dutton H.B. No. 2615
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the office of independent ombudsman for the Department
  of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Human Resources Code, is
  amended by adding Chapter 45 to read as follows:
  CHAPTER 45. OFFICE OF INDEPENDENT OMBUDSMAN FOR DEPARTMENT OF
  FAMILY AND PROTECTIVE SERVICES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 45.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Family and
  Protective Services.
               (2)  "Independent ombudsman" means the individual
  appointed under this chapter as ombudsman for the office.
               (3)  "Office" means the office of independent ombudsman
  for the department.
         Sec. 45.002.  INDEPENDENCE. The independent ombudsman in
  the performance of the ombudsman's duties and powers under this
  chapter acts independently of the department.
         Sec. 45.003.  SUNSET PROVISION. The office is subject to
  Chapter 325, Government Code (Texas Sunset Act). Unless continued
  in existence as provided by that chapter, the office is abolished
  and this chapter expires September 1, 2025.
  SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
         Sec. 45.051.  APPOINTMENT. The governor shall appoint the
  independent ombudsman to serve at the will of the governor.
         Sec. 45.052.  ASSISTANTS. The independent ombudsman may
  appoint assistants to perform, under the direction of the
  independent ombudsman, the same duties and exercise the same powers
  as the independent ombudsman.
         Sec. 45.053.  CONFLICT OF INTEREST. A person may not serve
  as independent ombudsman or as an assistant 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, Government Code, because of the person's activities
  for compensation on behalf of a profession related to the operation
  of the department.
         Sec. 45.054.  REPORT. On or before January 1 of each year,
  the independent ombudsman shall submit to the governor, the
  lieutenant governor, and each member of the legislature a report
  that describes, for the one-year period preceding the report:
               (1)  the work of the ombudsman, including a summary of
  each complaint the ombudsman investigated, the ombudsman's
  recommendation on the complaint, and whether the complaint was
  resolved or required further action;
               (2)  the ombudsman's recommendations relating to the
  ombudsman's duties; and
               (3)  the ombudsman's recommendations for improving the
  operation of the department.
         Sec. 45.055.  COMMUNICATION AND CONFIDENTIALITY. (a) The
  department shall allow any department employee and any child in the
  conservatorship of the department to communicate with the
  independent ombudsman. The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         (b)  The records of the independent ombudsman and the office
  are confidential, except that the ombudsman shall disclose the
  office's records if required by a court order on a showing of good
  cause.
         (c)  The independent ombudsman may make public reports
  relating to an investigation after the investigation is complete,
  but only if the names of all children, parents, and employees are
  redacted from the report and remain confidential.
         Sec. 45.056.  PROMOTION OF OFFICE. The independent
  ombudsman shall promote awareness among the public, children in the
  conservatorship of the department, and facilities licensed by the
  department of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
  SUBCHAPTER C. DUTIES AND POWERS
         Sec. 45.101.  DUTIES AND POWERS. (a)  The independent
  ombudsman serves as a neutral party in assisting 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. The independent ombudsman shall:
               (1)  review complaints filed with the ombudsman
  concerning the actions of the department and investigate each
  complaint, other than complaints alleging criminal offenses or the
  abuse, neglect, or exploitation of a child or adult, in which it
  appears that a person may be in need of assistance from the
  ombudsman or that raises the possibility of a systemic issue in the
  department's provision of services;
               (2)  require the department to provide access to all
  records, data, and other information under the control of the
  department that the ombudsman determines are necessary to
  investigate a complaint;
               (3)  review any reports produced by the department
  regarding a complaint referred by the ombudsman;
               (4)  issue a final report with the ombudsman's final
  determination of a complaint's merit; and
               (5)  monitor and evaluate the department's actions
  relating to the ombudsman's recommendations under Subsection (b).
         (b)  The independent ombudsman's final determination in a
  report described by Subsection (a)(4) 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 independent ombudsman determines there
  was wrongdoing or negligence, the independent ombudsman shall
  recommend corrective actions to be taken by the department.
         Sec. 45.102.  ACCESS TO INFORMATION.  (a)  The department
  shall allow the independent ombudsman access to the department's
  records that relate to a complaint the ombudsman is investigating.
         (b)  The independent ombudsman may subpoena the records of a
  private entity that relate to a complaint the ombudsman is
  investigating.
         Sec. 45.103.  RETALIATION PROHIBITED. The department may
  not retaliate against a department employee or any other person who
  in good faith makes a complaint to the office or cooperates with the
  office in an investigation.
  SUBCHAPTER D. DISPUTES REGARDING FOSTER CHILDREN
         Sec. 45.151.  REFERRAL OF DISPUTE REGARDING FOSTER CHILD.
  If a child's foster parent, attorney ad litem, or guardian ad litem,
  or an employee of the child-placing agency responsible for the
  child, has a dispute regarding the child's placement or the
  permanency plan for the child, that person may request, in writing,
  that the child-placing agency responsible for the child refer the
  dispute to the independent ombudsman.
         Sec. 45.152.  APPROVAL OF REFERRAL. The request for
  referral under Section 45.151 must be approved in writing by the
  person designated by the child-placing agency to perform those
  duties. An approved request must state that:
               (1)  the designated person has reviewed the current
  placement of the child;
               (2)  it is probable that there has been wrongdoing, a
  violation of law, a violation of internal policy, negligence, or
  reckless action by an individual involved with the case; and
               (3)  it is in the child's best interest to suspend the
  judicial proceedings until the complaint has been reviewed by the
  independent ombudsman.
         Sec. 45.153.  COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN.
  (a) The child-placing agency shall refer a dispute to the
  independent ombudsman by filing a complaint with the ombudsman not
  later than the next business day after the date a signed request is
  received.
         (b)  The complaint filed with the independent ombudsman must
  include a clear explanation of the complaint and the requested
  remedy.
         (c)  The independent ombudsman shall give preference to a
  complaint filed under this section over other complaints filed with
  the office. The ombudsman shall expedite the process for handling
  the complaint.
         Sec. 45.154.  SUSPENSION OF JUDICIAL PROCEEDINGS. Not later
  than the next business day after the date a complaint under this
  chapter is received, the independent ombudsman shall notify the
  court of the complaint and request that the court suspend any
  scheduled proceeding in the child's case until the 15th day after
  the date the complaint is filed with the ombudsman. The court in
  the child's case shall suspend the judicial proceedings as provided
  by this section.
         Sec. 45.155.  JUDICIAL RESOLUTION OF DISPUTE. If the
  independent ombudsman is not able to resolve the dispute, the
  parties may request a hearing before the judge. In making a
  determination, the court may consider the ombudsman's findings and
  recommendations, if any.
         SECTION 2.  This Act takes effect September 1, 2015.