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  83R4789 EAH-D
 
  By: Allen H.B. No. 1543
 
 
 
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 facilities other than juvenile justice facilities.
         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)  a jail or detention facility operated by or
  under contract with a county;
                     (B)  a juvenile justice facility, as defined by
  Section 261.405, Family Code;
                     (C)  a correctional facility operated by the
  department; or
                     (D)  a penal institution operated by or under
  contract with the Texas Department of Criminal Justice.
               (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 or of the Texas Department
  of Criminal Justice, as applicable, 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
  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 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.  Section 261.101(a), Human Resources Code, is
  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, the Texas Department of Criminal Justice,
  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.
         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, the inspector general of the Texas Department of
  Criminal Justice, 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;
               (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;
               (4)  ensure opportunities for sharing information
  between the office and the department for the purposes of assuring
  quality and improving programming within the 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.  Section 261.101(e), Human Resources Code, is
  repealed.
         SECTION 14.  This Act takes effect September 1, 2013.