84R12115 MK-D

By: Rodriguez of Bexar H.B. No. 3678

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, 2027.

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, any party in an initial investigation, 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) All information related to a complaint under investigation by the office, including the names of persons who receive services from the department, complainants, and individuals who provide information to the office in the course of an investigation, is confidential, unless the independent ombudsman considers the disclosure of the information is necessary to:

(1) allow the independent ombudsman to conduct the duties of the office; or

(2) support any recommendation made by the independent ombudsman resulting from an investigation conducted by the office.

(c) The independent ombudsman may not disclose or disseminate any information received by the office that is considered by law to be confidential or privileged.

Sec. 45.056. PROMOTION OF OFFICE. The independent ombudsman shall promote awareness among the public, children in the conservatorship of the department, family members and caretakers of those children, 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;

(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.

(c) The independent ombudsman may attend any judicial proceeding related to a complaint filed with the office.

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. COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN. (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 independent ombudsman by filing a complaint with the ombudsman.

(b) The complaint filed with the independent ombudsman must include a clear explanation of the dispute and the requested remedy.

Sec. 45.152. NOTIFICATION OF COURT OF INVESTIGATION. The independent ombudsman shall notify the court with jurisdiction over the child's case of any investigation of a complaint filed under this subchapter.

SECTION 2. This Act takes effect September 1, 2015.