By: Menéndez, et al. S.B. No. 213

(Rodriguez of Bexar)

A BILL TO BE ENTITLED

AN ACT

relating to the office of ombudsman for the Department of Family and Protective Services.

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

SECTION 1. The heading to Subchapter Y, Chapter 531, Government Code, is amended to read as follows:

SUBCHAPTER Y. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND

PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE]

SECTION 2. Section 531.991(2), Government Code, is amended to read as follows:

(2) "Ombudsman" means the individual appointed as the ombudsman for the Department of Family and Protective Services [children and youth in foster care].

SECTION 3. The heading to Section 531.992, Government Code, is amended to read as follows:

Sec. 531.992. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE].

SECTION 4. Section 531.992(a), Government Code, is amended to read as follows:

(a) The governor [executive commissioner] shall appoint an ombudsman for the Department of Family and Protective Services [children and youth in foster care] to serve at the will of the governor [executive commissioner].

SECTION 5. Subchapter Y, Chapter 531, Government Code, is amended by adding Section 531.9921 to read as follows:

Sec. 531.9921. CONFLICT OF INTEREST. A person may not serve as 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 because of the person's activities for compensation on behalf of a profession related to the operation of the department.

SECTION 6. Section 531.993, Government Code, is amended to read as follows:

Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman serves as a neutral party in assisting:

(1) children and youth in the conservatorship of the department with complaints regarding issues within the authority of the department or another health and human services agency; and

(2) 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.

(b) The ombudsman shall:

(1) develop and implement statewide procedures to:

(A) receive complaints from children and youth in the conservatorship of the department and other persons with a complaint against the department;

(B) review complaints filed with the ombudsman and take appropriate action, including:

(i) conducting an investigation into individual complaints that allege violations of department or agency procedure or policy or other violations; and

(ii) referring to department or agency management for resolution any trends or systemic issues identified in complaints;

(C) provide any necessary assistance to children and youth in the conservatorship of the department in making complaints and reporting allegations of abuse or neglect to the department;

(D) maintain the confidentiality of:

(i) the ombudsman's communications and records;

(ii) records of another person that have been provided to the ombudsman; and

(iii) communications of another person with the ombudsman; and

(E) ensure that the department and any person or a child or youth in the conservatorship of the department who files a complaint with the ombudsman are informed of the results of the ombudsman's investigation of the complaint, including whether the ombudsman was able to substantiate the person's, child's, or youth's complaint;

(2) collaborate with the department to develop and implement an annual outreach plan to promote awareness of the ombudsman among the public, children and youth in the conservatorship of the department, family members and caretakers of those children, and facilities licensed by the department and that includes:

(A) how the office may be contacted;

(B) the purpose of the office; and

(C) the services the office provides;

(3) issue and file with the department and any applicable health and human services agency a report that contains the ombudsman's final determination regarding a complaint and any recommended corrective actions to be taken as a result of the complaint;

(4) establish a secure form of communication with any individual who files a complaint with the ombudsman; [and]

(5) collaborate with the department to identify consequences for any retaliatory action related to a complaint filed with the ombudsman, in accordance with Section 40.0041(g), Human Resources Code; and

(6) monitor and evaluate the department's corrective actions taken in response to a recommendation by the ombudsman.

(c) The ombudsman's final determination in a report described by Subsection (b)(3) 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 ombudsman determines there was wrongdoing or negligence, the ombudsman shall recommend corrective actions to be taken by the department.

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

SECTION 7. Subchapter Y, Chapter 531, Government Code, is amended by adding Section 531.9941 to read as follows:

Sec. 531.9941. DISPUTES REGARDING FOSTER CHILDREN. (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 ombudsman by filing a complaint with the ombudsman.

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

(c) The ombudsman shall notify the court with jurisdiction over the child's case of any investigation of a complaint filed under this subchapter.

SECTION 8. Section 531.997, Government Code, is amended to read as follows:

Sec. 531.997. RETALIATION PROHIBITED. The department or another health and human services agency may not retaliate against a department employee, a child or youth in the conservatorship of the department, or any other person who in good faith makes a complaint to the ombudsman or against any person who cooperates with the ombudsman in an investigation.

SECTION 9. Section 531.998(b), Government Code, is amended to read as follows:

(b) The report must be submitted to the governor, the lieutenant governor, each standing committee of the legislature with jurisdiction over matters involving the department, each member of the legislature, the executive commissioner, and the commissioner of the department not later than December 1 of each year. On receipt of the report, the department and the commission shall make the report publicly available on the department's and the commission's Internet websites.

SECTION 10. As soon as practicable after the effective date of this Act, the commissioner of the Department of Family and Protective Services shall:

(1) abolish the office of consumer affairs in the department; and

(2) transfer any department funds and resources allocated to the office of consumer affairs to the ombudsman for the Department of Family and Protective Services created under Subchapter Y, Chapter 531, Government Code, as amended by this Act.

SECTION 11. This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.

SECTION 12. This Act takes effect September 1, 2017.