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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the office of independent |
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ombudsman for the Texas Juvenile Justice Department. |
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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 Subdivisions (1-a) |
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and (1-b) to read as follows: |
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(1) "Child" means an individual who is: |
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(A) 10 years of age or older and younger than 19 |
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years of age; and |
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(B) placed in or committed to a facility by an |
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order issued by a juvenile court. |
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(1-a) "Facility" means a post-adjudication secure or |
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nonsecure correctional or detention facility or a |
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post-adjudication residential facility that serves children and |
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that is operated by: |
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(A) the department, a juvenile board, a juvenile |
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probation department, or other governmental entity; or |
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(B) a private entity under a contract with a |
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governmental entity. |
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(1-b) "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 placed in or committed to a facility [the department], |
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including a child released under supervision before final |
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discharge. |
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SECTION 3. Section 261.055(b), Human Resources Code, is |
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amended to read as follows: |
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(b) 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, and the office of |
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the inspector general of the department any particularly serious or |
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flagrant: |
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(1) case of abuse or injury of a child placed in or |
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committed to a facility [the department]; |
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(2) problem concerning the administration of a |
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facility [department] program or operation; |
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(3) problem concerning the delivery of services in a |
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facility [operated by or under contract with the department]; or |
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(4) interference by an operator of a facility [the
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department] 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 operator of a facility [department] shall allow any |
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child placed in or committed to the facility [the department] to |
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communicate with the independent ombudsman or an assistant to the |
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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 placed in or committed to a facility [the department] |
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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 261.058(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The office and the board shall adopt rules necessary to |
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implement Section 261.060, including rules that establish |
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procedures for an operator of a facility [the department] to review |
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and comment on reports of the office and for the operator |
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[department] to expedite or eliminate review of and comment on a |
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report due to an emergency or a serious or flagrant circumstance |
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described by Section 261.055(b). |
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SECTION 7. 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 or the operator of a facility, |
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as applicable, concerning the following types of reports published |
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by 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); and |
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(3) any other formal reports containing findings and |
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making recommendations concerning systemic issues that affect an |
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operator of a facility [the department]. |
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SECTION 8. Section 261.101(a), Human Resources Code, is |
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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 an operator of a facility [the
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department] and investigate each complaint in which it appears that |
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a child may 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 placed in or committed to a facility |
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[the department] or the child's family may be in need of assistance |
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from the office; or |
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(B) a systemic issue in the [department's] |
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provision of services by an operator of a facility is raised by a |
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complaint; |
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(4) review or inspect periodically each facility [the
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facilities] and the procedures of each facility [any institution or
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residence in which a child has been placed by the department,
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whether public or private,] to ensure that the rights of children |
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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 placed in or committed to a facility [the
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department]; |
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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 placed in or committed to a |
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facility [the department] in internal administrative and |
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disciplinary 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; |
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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; and |
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(12) immediately report the findings of any |
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investigation related to the operation of a [post-adjudication
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correctional] facility in a county to the chief juvenile probation |
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officer and the juvenile board of the county. |
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SECTION 9. 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 operator of a facility |
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[department] may not discharge or in any manner discriminate or |
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retaliate against an employee who in good faith makes a complaint to |
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the office of independent ombudsman or cooperates with the office |
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in an investigation. |
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SECTION 10. 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 office |
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and an operator of a facility [the department] shall enter into a |
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memorandum of understanding 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 or a county. |
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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; |
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(2) address communication between the office and the |
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operator of a facility [department] concerning individual |
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situations involving children placed in or committed to the |
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facility [department] and how those situations will be documented |
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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 the county; |
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(4) ensure opportunities for sharing information |
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between the office and the department or county for the purposes of |
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assuring quality and improving programming within the facility |
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[department]; 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 operator of a |
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facility [department] and the [department] staff of the facility |
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and to report the information to the board and the governor. |
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SECTION 11. Sections 261.151(a) and (c), Human Resources |
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Code, are amended to read as follows: |
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(a) The independent ombudsman has access to the |
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[department's] records of the operator of a facility relating to |
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the children placed in or committed to the facility [department]. |
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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 an operator of a facility [the
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department]. |
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SECTION 12. 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 placed in or committed to a |
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facility [the department]. |
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SECTION 13. The following provisions of the Human Resources |
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Code are repealed: |
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(1) Section 261.101(e), as added by Section 11(b), |
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Chapter 854 (S.B. 1149), Acts of the 84th Legislature, Regular |
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Session, 2015; and |
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(2) Section 261.101(e), as amended by Chapter 962 |
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(S.B. 1630), Acts of the 84th Legislature, Regular Session, 2015. |
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SECTION 14. This Act takes effect September 1, 2019. |