85R2457 MK-D     By: Menéndez S.B. No. 213       A BILL TO BE ENTITLED   AN ACT   relating to the office of independent ombudsman for the Department   of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Human Resources Code, is   amended by adding Chapter 45 to read as follows:   CHAPTER 45. OFFICE OF INDEPENDENT OMBUDSMAN FOR DEPARTMENT OF   FAMILY AND PROTECTIVE SERVICES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 45.001.  DEFINITIONS. In this chapter:                (1)  "Department" means the Department of Family and   Protective Services.                (2)  "Independent ombudsman" means the individual   appointed under this chapter as ombudsman for the office.                (3)  "Office" means the office of independent ombudsman   for the department.          Sec. 45.002.  INDEPENDENCE. The independent ombudsman in   the performance of the ombudsman's duties and powers under this   chapter acts independently of the department.          Sec. 45.003.  SUNSET PROVISION. The office is subject to   Chapter 325, Government Code (Texas Sunset Act). Unless continued   in existence as provided by that chapter, the office is abolished   and this chapter expires September 1, 2029.   SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE          Sec. 45.051.  APPOINTMENT. The governor shall appoint the   independent ombudsman to serve at the will of the governor.          Sec. 45.052.  ASSISTANTS. The independent ombudsman may   appoint assistants to perform, under the direction of the   independent ombudsman, the same duties and exercise the same powers   as the independent ombudsman.          Sec. 45.053.  CONFLICT OF INTEREST. A person may not serve   as independent ombudsman or as an assistant 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, Government Code, because of the person's activities   for compensation on behalf of a profession related to the operation   of the department.          Sec. 45.054.  REPORT. On or before January 1 of each year,   the independent ombudsman shall submit to the governor, the   lieutenant governor, and each member of the legislature a report   that describes, for the one-year period preceding the report:                (1)  the work of the ombudsman, including a summary of   each complaint the ombudsman investigated, the ombudsman's   recommendation on the complaint, and whether the complaint was   resolved or required further action;                (2)  the ombudsman's recommendations relating to the   ombudsman's duties; and                (3)  the ombudsman's recommendations for improving the   operation of the department.          Sec. 45.055.  COMMUNICATION AND CONFIDENTIALITY. (a) The   department shall allow any department employee, any party in an   initial investigation, and any child in the conservatorship of the   department to communicate with the independent ombudsman. The   communication:                (1)  may be in person, by mail, or by any other means;   and                (2)  is confidential and privileged.          (b)  All information related to a complaint under   investigation by the office, including the names of persons who   receive services from the department, complainants, and   individuals who provide information to the office in the course of   an investigation, is confidential, unless the independent   ombudsman considers the disclosure of the information is necessary   to:                (1)  allow the independent ombudsman to conduct the   duties of the office; or                (2)  support any recommendation made by the independent   ombudsman resulting from an investigation conducted by the office.           (c)  The independent ombudsman may not disclose or   disseminate any information received by the office that is   considered by law to be confidential or privileged.          Sec. 45.056.  PROMOTION OF OFFICE. The independent   ombudsman shall promote awareness among the public, children in the   conservatorship of the department, family members and caretakers of   those children, and facilities licensed by the department of:                (1)  how the office may be contacted;                (2)  the purpose of the office; and                (3)  the services the office provides.   SUBCHAPTER C. DUTIES AND POWERS          Sec. 45.101.  DUTIES AND POWERS. (a)  The independent   ombudsman serves as a neutral party in assisting 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. The independent ombudsman shall:                (1)  review complaints filed with the ombudsman   concerning the actions of the department and investigate each   complaint;                (2)  require the department to provide access to all   records, data, and other information under the control of the   department that the ombudsman determines are necessary to   investigate a complaint;                (3)  review any reports produced by the department   regarding a complaint referred by the ombudsman;                (4)  issue a final report with the ombudsman's final   determination of a complaint's merit; and                (5)  monitor and evaluate the department's actions   relating to the ombudsman's recommendations under Subsection (b).          (b)  The independent ombudsman's final determination in a   report described by Subsection (a)(4) 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 independent ombudsman determines there   was wrongdoing or negligence, the independent ombudsman shall   recommend corrective actions to be taken by the department.          (c)  The independent ombudsman may attend any judicial   proceeding related to a complaint filed with the office.          Sec. 45.102.  ACCESS TO INFORMATION.  (a)  The department   shall allow the independent ombudsman access to the department's   records that relate to a complaint the ombudsman is investigating.          (b)  The independent ombudsman may subpoena the records of a   private entity that relate to a complaint the ombudsman is   investigating.          Sec. 45.103.  RETALIATION PROHIBITED. The department may   not retaliate against a department employee or any other person who   in good faith makes a complaint to the office or cooperates with the   office in an investigation.   SUBCHAPTER D. DISPUTES REGARDING FOSTER CHILDREN          Sec. 45.151.  COMPLAINT FILED WITH INDEPENDENT OMBUDSMAN.   (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 independent ombudsman by filing a complaint   with the ombudsman.          (b)  The complaint filed with the independent ombudsman must   include a clear explanation of the dispute and the requested   remedy.          Sec. 45.152.  NOTIFICATION OF COURT OF INVESTIGATION.  The   independent ombudsman shall notify the court with jurisdiction over   the child's case of any investigation of a complaint filed under   this subchapter.          SECTION 2.  This Act takes effect September 1, 2017.