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AN ACT
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relating to the creation of an independent ombudsman for children |
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and youth in foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter Y to read as follows: |
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SUBCHAPTER Y. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE |
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Sec. 531.991. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Family and |
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Protective Services. |
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(2) "Ombudsman" means the individual appointed as the |
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ombudsman for children and youth in foster care. |
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Sec. 531.992. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER |
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CARE. (a) The executive commissioner shall appoint an ombudsman |
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for children and youth in foster care to serve at the will of the |
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executive commissioner. |
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(b) The ombudsman is administratively attached to the |
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office of the ombudsman for the commission. |
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(c) Subject to the appropriation of money for that purpose, |
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the ombudsman may employ staff to assist the ombudsman in |
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performing the ombudsman's duties under this subchapter. |
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Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman |
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serves as a neutral party in assisting children and youth in the |
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conservatorship of the department with complaints regarding issues |
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within the authority of the department or another health and human |
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services agency. |
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(b) The ombudsman shall: |
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(1) develop and implement statewide procedures to: |
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(A) receive complaints from children and youth in |
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the conservatorship of the department; |
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(B) review complaints filed with the ombudsman |
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and take appropriate action, including: |
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(i) conducting an investigation into |
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individual complaints that allege violations of department or |
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agency procedure or policy or other violations; and |
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(ii) referring to department or agency |
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management for resolution any trends or systemic issues identified |
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in complaints; |
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(C) provide any necessary assistance to children |
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and youth in the conservatorship of the department in making |
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complaints and reporting allegations of abuse or neglect to the |
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department; |
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(D) maintain the confidentiality of: |
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(i) the ombudsman's communications and |
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records; |
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(ii) records of another person that have |
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been provided to the ombudsman; and |
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(iii) communications of another person with |
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the ombudsman; and |
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(E) ensure that the department and a child or |
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youth in the conservatorship of the department who files a |
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complaint with the ombudsman are informed of the results of the |
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ombudsman's investigation of the complaint, including whether the |
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ombudsman was able to substantiate the child's or youth's |
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complaint; |
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(2) collaborate with the department to develop and |
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implement an annual outreach plan to promote awareness of the |
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ombudsman among children and youth in the conservatorship of the |
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department; |
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(3) issue and file with the department and any |
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applicable health and human services agency a report that contains |
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the ombudsman's final determination regarding a complaint and any |
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recommended corrective actions to be taken as a result of the |
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complaint; |
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(4) establish a secure form of communication with any |
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individual who files a complaint with the ombudsman; and |
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(5) collaborate with the department to identify |
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consequences for any retaliatory action related to a complaint |
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filed with the ombudsman, in accordance with Section 40.0041(g), |
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Human Resources Code. |
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Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If, |
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during the investigation of a complaint, the ombudsman discovers |
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unreported violations of the department's or a health and human |
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services agency's rules and policies, the ombudsman shall open a |
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new investigation for each unreported violation. |
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Sec. 531.995. ACCESS TO INFORMATION. The department and |
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each health and human services agency shall provide the ombudsman |
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access to the department's or agency's records that relate to a |
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complaint the ombudsman is reviewing or investigating. |
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Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A |
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person may communicate with the ombudsman relating to a complaint |
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by telephone, by mail, by electronic mail, or by any other means the |
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ombudsman determines to be feasible, secure, and accessible to |
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children and youth. |
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(b) A communication with the ombudsman is confidential |
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during an investigation or review of a complaint and remains |
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confidential after the complaint is resolved. |
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(c) The records of the ombudsman are confidential and must |
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be maintained in a manner that preserves the confidentiality of the |
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records. |
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(d) The disclosure of confidential information to the |
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ombudsman under this section or Section 531.995 does not constitute |
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a waiver of confidentiality. Any information disclosed to the |
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ombudsman under this section or Section 531.995 remains |
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confidential and privileged following disclosure. |
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(e) The ombudsman is not prohibited from communicating with |
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the department or another health and human services agency |
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regarding confidential information disclosed to the ombudsman by |
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the department or agency. |
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(f) The ombudsman may make reports relating to an |
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investigation of a complaint public after the complaint is |
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resolved. A report may not include information that identifies an |
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individual complainant, client, parent, or employee or any other |
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person involved in the complaint. |
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Sec. 531.997. RETALIATION PROHIBITED. The department or |
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another health and human services agency may not retaliate against |
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a child or youth in the conservatorship of the department who in |
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good faith makes a complaint to the ombudsman or against any person |
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who cooperates with the ombudsman in an investigation. |
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Sec. 531.998. REPORT. (a) The ombudsman shall prepare an |
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annual report that contains: |
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(1) a description of the ombudsman's work; |
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(2) any change made by the department or another |
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health and human services agency in response to a substantiated |
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complaint; |
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(3) a description of any trends in the nature of |
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complaints received by the ombudsman, any recommendations related |
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to addressing those trends, and an evaluation of the feasibility of |
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the ombudsman's recommendations; |
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(4) a glossary of terms used in the report; |
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(5) a description of the methods used to promote |
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awareness of the ombudsman under Section 531.993(b) and the |
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ombudsman's promotion plan for the next year; and |
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(6) any public feedback received by the ombudsman |
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relating to the ombudsman's previous annual reports. |
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(b) The report must be submitted to the executive |
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commissioner and the commissioner of the department not later than |
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December 1 of each year. On receipt of the report, the department |
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and the commission shall make the report publicly available on the |
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department's and the commission's Internet websites. |
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SECTION 2. Section 40.0041, Human Resources Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) The department shall cooperate with the ombudsman for |
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children and youth in foster care to create consequences, based on |
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the circumstances of the complaint and the severity of the |
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retaliation, for any person who is found to have retaliated against |
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a child or youth in the conservatorship of the department because of |
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a complaint made to the ombudsman. |
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(h) The executive commissioner shall adopt rules requiring |
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all residential child-care facilities in which children and youth |
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in the conservatorship of the department are placed to display |
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information about the ombudsman for children and youth in foster |
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care and the process for filing a complaint with the ombudsman in a |
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location that is easily accessible and offers maximum privacy to |
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the children and youth residing at the facility. |
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SECTION 3. As soon as possible after the effective date of |
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this Act, the executive commissioner of the Health and Human |
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Services Commission shall assign one full-time equivalent employee |
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of the Department of Family and Protective Services to serve as the |
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ombudsman for children and youth in foster care. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 830 passed the Senate on |
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May 12, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 830 passed the House on |
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May 27, 2015, by the following vote: Yeas 143, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |