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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the office of independent ombudsman |
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with the Texas Juvenile Justice Department in regard to juveniles |
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in custody in certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001, Human Resources Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Facility" means: |
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(A) a nonsecure correctional facility, as |
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defined by Section 51.02, Family Code; |
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(B) a secure correctional facility, as defined by |
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Section 51.02, Family Code; or |
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(C) any other residential facility that, |
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pursuant to the order of a juvenile court, accepts children |
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adjudicated for conduct indicating a need for supervision or |
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delinquent conduct. |
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(1-a) "Independent ombudsman" means the individual |
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who has been appointed under this chapter to the office of |
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independent ombudsman. |
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SECTION 2. Section 261.002, Human Resources Code, is |
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amended to read as follows: |
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Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of |
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independent ombudsman is a state agency established for the purpose |
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of investigating, evaluating, and securing the rights of the |
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children committed to the department, including a child released |
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under supervision before final discharge and a child placed in a |
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facility pursuant to a juvenile court order. |
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SECTION 3. Section 261.055, Human Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The independent ombudsman shall immediately report to |
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the board, the governor, the lieutenant governor, the speaker of |
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the house of representatives, the state auditor, the executive |
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director of the department, and the chief juvenile probation |
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officer and juvenile board operating or contracting for the |
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operation of the facility that is the subject of the report any |
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particularly serious or flagrant: |
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(1) case of abuse or injury of a child placed in the |
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facility; |
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(2) problem concerning the administration of the |
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facility; |
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(3) problem concerning the delivery of services in the |
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facility; or |
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(4) interference by a person associated with the |
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facility with an investigation conducted by the office. |
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SECTION 4. Section 261.056(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department or other operator of a facility, as |
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applicable, shall allow any child committed to the department or |
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placed in the facility to communicate with the independent |
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ombudsman or an assistant to the 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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SECTION 5. Section 261.057, Human Resources Code, is |
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amended to read as follows: |
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Sec. 261.057. 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 department or placed in a facility 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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SECTION 6. Section 261.060(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The office shall accept, both before and after |
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publication, comments from the board, a juvenile board, a chief |
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juvenile probation officer, or other operator of a facility, as |
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applicable, concerning the following types of reports published by |
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the office under this chapter: |
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(1) the office's quarterly report under Section |
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261.055(a); |
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(2) reports concerning serious or flagrant |
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circumstances under Section 261.055(b) or (c); and |
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(3) any other formal reports containing findings and |
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making recommendations concerning systemic issues that affect the |
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department or a facility. |
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SECTION 7. Sections 261.101(a) and (b), Human Resources |
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Code, are amended to read as follows: |
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(a) The independent ombudsman shall: |
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(1) review the procedures established by the board and |
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evaluate the delivery of services to children to ensure that the |
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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 department or a facility |
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and investigate each complaint in which it appears that a child may |
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be in need of assistance from the independent ombudsman; |
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(3) conduct investigations of complaints, other than |
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complaints alleging criminal behavior, if the office determines |
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that: |
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(A) a child committed to the department or |
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placed in a facility or the child's family may be in need of |
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assistance from the office; or |
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(B) a systemic issue in the department's or a |
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facility's provision of services is raised by a complaint; |
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(4) 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 department, a juvenile probation department, or a |
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juvenile court, whether public or private, to ensure that the |
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rights of children are fully observed; |
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(5) provide assistance to a child or family who the |
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independent ombudsman determines is in need of assistance, |
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including advocating with an agency, provider, or other person in |
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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 department or placed in a |
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facility; |
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(8) make appropriate referrals under any of the duties |
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and powers listed in this subsection; |
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(9) supervise assistants who are serving as advocates |
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in their representation of children committed to the department or |
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placed in a facility in internal administrative and disciplinary |
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hearings; |
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(10) review reports received by the department |
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relating to complaints regarding juvenile probation programs, |
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services, or facilities and analyze the data contained in the |
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reports to identify trends in complaints; and |
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(11) report a possible standards violation by a local |
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juvenile probation department to the appropriate division of the |
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department. |
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(b) The independent ombudsman may: |
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(1) apprise persons who are interested in a child's |
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welfare of the rights of the child unless the disclosure is |
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prohibited by law; and |
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(2) conduct, organize, and provide technical |
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assistance for audits of facilities to ensure that the audits are |
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conducted in compliance with the federal Prison Rape Elimination |
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Act National Standards, 28 C.F.R. Part 115, Subpart E. |
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SECTION 8. Section 261.102, Human Resources Code, is |
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amended to read as follows: |
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Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO |
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COOPERATE WITH INDEPENDENT OMBUDSMAN. The department, a juvenile |
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board, a juvenile probation department, or other operator of a |
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facility, as applicable, may not discharge or in any manner |
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discriminate or retaliate against an employee who in good faith |
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makes a complaint to the office of independent ombudsman or |
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cooperates with the office in an investigation. |
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SECTION 9. Section 261.104, Human Resources Code, is |
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amended to read as follows: |
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Sec. 261.104. MEMORANDUM OF UNDERSTANDING. (a) The |
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office, [and] the department, a juvenile board, a juvenile |
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probation department, or other operator of a facility, as |
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applicable, shall enter into a memorandum of understanding |
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concerning: |
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(1) the most efficient manner in which to share |
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information with one another; [and] |
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(2) the procedures for handling overlapping |
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monitoring duties and activities performed by the office and the |
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department, juvenile board, juvenile probation department, |
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operator of the facility, or other entity; and |
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(3) procedures for a juvenile board, a chief juvenile |
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probation officer, or other operator of a facility, as appropriate, |
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to comment on reports of the office related to children in a |
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facility, including procedures to expedite or eliminate comment on |
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a report due to an emergency or a serious or flagrant circumstance |
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described by Section 261.055(c). |
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(b) The memorandum of understanding entered into under |
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Subsection (a), at a minimum, must: |
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(1) address the interaction of the office with that |
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portion of the department that conducts an internal audit under |
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Section 203.013 and with the internal audit procedures of a |
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juvenile probation department or facility; |
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(2) address communication between the office and the |
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department or other operator of a facility concerning individual |
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situations involving children committed to the department or placed |
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in a facility, as applicable, and how those situations will be |
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documented and handled; |
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(3) contain guidelines on the office's role in |
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relevant working groups and policy development decisions at the |
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department or with a juvenile board, a juvenile probation |
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department, or other operator of a facility, as applicable; |
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(4) ensure opportunities for sharing information |
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between the office and the department or facility for the purposes |
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of assuring quality and improving programming within the department |
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or facility; and |
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(5) preserve the independence of the office by |
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authorizing the office to withhold information concerning matters |
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under active investigation by the office from the department and |
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department staff or from the facility and the staff of the facility |
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and to report the information to the board and the governor. |
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SECTION 10. Section 261.151, Human Resources Code, is |
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amended by adding Subsection (a-1) and amending Subsection (c) to |
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read as follows: |
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(a-1) The independent ombudsman has access to the records of |
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the operator of a facility relating to the children placed in the |
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facility. |
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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 department or other operator of a |
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facility. |
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SECTION 11. Section 261.152, Human Resources Code, is |
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amended to read as follows: |
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Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
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The independent ombudsman shall have access to the records of a |
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private entity that relate to a child committed to the department or |
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placed in a facility. |
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SECTION 12. This Act takes effect September 1, 2015. |