84R8882 MK-F

By: Dutton H.B. No. 3277

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the office of independent ombudsman with the Texas Juvenile Justice Department in regard to juveniles in custody in certain facilities not operated solely for children committed to the department.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 261.001, Human Resources Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to read as follows:

(1) "Child" means an individual who is:

(A) 10 years of age or older and younger than 19 years of age; and

(B) placed in or committed to a facility for conduct violating a penal law that occurred or an offense committed before the individual's 17th birthday.

(1-a) "Facility" means a juvenile justice facility operated wholly or partly by the juvenile board, by another governmental unit, or by a private vendor under a contract with the juvenile board, county, or other governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:

(A) a public or private juvenile pre-adjudication secure detention facility, including a holdover facility;

(B) a public or private juvenile post-adjudication secure correctional facility; and

(C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Department of Family and Protective Services or the Department of State Health Services.

(1-b) "Independent ombudsman" means the individual who has been appointed under this chapter to the office of independent ombudsman.

SECTION 2. Section 261.002, Human Resources Code, is amended to read as follows:

Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of independent ombudsman is a state agency established for the purpose of investigating, evaluating, and securing the rights of the children placed in or committed to a facility [the department], including a child released under supervision before final discharge.

SECTION 3. Section 261.055(b), Human Resources Code, is amended to read as follows:

(b) The independent ombudsman shall immediately report to the board, the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the office of the inspector general of the department any particularly serious or flagrant:

(1) case of abuse or injury of a child placed in or committed to a facility [the department];

(2) problem concerning the administration of a facility [department] program or operation;

(3) problem concerning the delivery of services in a facility [operated by or under contract with the department]; or

(4) interference by an operator of a facility [the department] with an investigation conducted by the office.

SECTION 4. Section 261.056(a), Human Resources Code, is amended to read as follows:

(a) The operator of a facility [department] shall allow any child placed in or committed to the facility [the department] to communicate with the independent ombudsman or an assistant to the ombudsman. The communication:

(1) may be in person, by mail, or by any other means; and

(2) is confidential and privileged.

SECTION 5. Section 261.057, Human Resources Code, is amended to read as follows:

Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The independent ombudsman shall promote awareness among the public and the children placed in or committed to a facility [the department] of:

(1) how the office may be contacted;

(2) the purpose of the office; and

(3) the services the office provides.

SECTION 6. Section 261.058(b), Human Resources Code, is amended to read as follows:

(b) The office and the board shall adopt rules necessary to implement Section 261.060, including rules that establish procedures for an operator of a facility [the department] to review and comment on reports of the office and for the operator [department] to expedite or eliminate review of and comment on a report due to an emergency or a serious or flagrant circumstance described by Section 261.055(b).

SECTION 7. Section 261.060(a), Human Resources Code, is amended to read as follows:

(a) The office shall accept, both before and after publication, comments from the board or the operator of a facility, as applicable, concerning the following types of reports published by the office under this chapter:

(1) the office's quarterly report under Section 261.055(a);

(2) reports concerning serious or flagrant circumstances under Section 261.055(b); and

(3) any other formal reports containing findings and making recommendations concerning systemic issues that affect an operator of a facility [the department].

SECTION 8. Sections 261.101(a) and (b), Human Resources Code, are amended to read as follows:

(a) The independent ombudsman shall:

(1) review the procedures established by the board and evaluate the delivery of services to children to ensure that the rights of children are fully observed;

(2) review complaints filed with the independent ombudsman concerning the actions of an operator of a facility [the department] and investigate each complaint in which it appears that a child may be in need of assistance from the independent ombudsman;

(3) conduct investigations of complaints, other than complaints alleging criminal behavior, if the office determines that:

(A) a child placed in or committed to a facility [the department] or the child's family may be in need of assistance from the office; or

(B) a systemic issue in [the department's] provision of services by an operator of a facility is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any institution or residence in which a child has been placed by the department, a juvenile probation department, or a county, whether public or private, to ensure that the rights of children are fully observed;

(5) provide assistance to a child or family who the independent ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the child;

(6) review court orders as necessary to fulfill its duties;

(7) recommend changes in any procedure relating to the treatment of children placed in or committed to a facility [the department];

(8) make appropriate referrals under any of the duties and powers listed in this subsection;

(9) supervise assistants who are serving as advocates in their representation of children placed in or committed to a facility [the department] in internal administrative and disciplinary hearings;

(10) review reports received by the department relating to complaints regarding juvenile probation programs, services, or facilities and analyze the data contained in the reports to identify trends in complaints; and

(11) report a possible standards violation by a local juvenile probation department to the appropriate division of the department.

(b) The independent ombudsman may:

(1) apprise persons who are interested in a child's welfare of the rights of the child; and

(2) conduct, organize, and provide technical assistance for audits of facilities to ensure that the audits are conducted in compliance with the federal Prison Rape Elimination Act National Standards, 28 C.F.R. Part 115, Subpart E.

SECTION 9. Section 261.102, Human Resources Code, is amended to read as follows:

Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN. The operator of a facility [department] may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office of independent ombudsman or cooperates with the office in an investigation.

SECTION 10. Section 261.104, Human Resources Code, is amended to read as follows:

Sec. 261.104. MEMORANDUM OF UNDERSTANDING. (a) The office and an operator of a facility [the department] shall enter into a memorandum of understanding concerning:

(1) the most efficient manner in which to share information with one another; and

(2) the procedures for handling overlapping monitoring duties and activities performed by the office and the department or a county.

(b) The memorandum of understanding entered into under Subsection (a), at a minimum, must:

(1) address the interaction of the office with that portion of the department that conducts an internal audit under Section 203.013 and with the internal audit procedures of a county;

(2) address communication between the office and the operator of a facility [department] concerning individual situations involving children placed in or committed to the facility [department] and how those situations will be documented and handled;

(3) contain guidelines on the office's role in relevant working groups and policy development decisions at the department or with the county;

(4) ensure opportunities for sharing information between the office and the department or county for the purposes of assuring quality and improving programming within the facility [department]; and

(5) preserve the independence of the office by authorizing the office to withhold information concerning matters under active investigation by the office from the operator of a facility [department] and the [department] staff of the facility and to report the information to the board and the governor.

SECTION 11. Sections 261.151(a) and (c), Human Resources Code, are amended to read as follows:

(a) The independent ombudsman has access to the [department's] records of the operator of a facility relating to the children placed in or committed to the facility [department].

(c) A local law enforcement agency shall allow the independent ombudsman access to its records relating to any child in the care or custody of an operator of a facility [the department].

SECTION 12. Section 261.152, Human Resources Code, is amended to read as follows:

Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. The independent ombudsman shall have access to the records of a private entity that relate to a child placed in or committed to a facility [the department].

SECTION 13. This Act takes effect September 1, 2015.