By: Menéndez, Garcia S.B. No. 213     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.