Bill Text: TX HB1371 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of an independent ombudsman for children and youth in foster care.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2015-05-19 - Referred to Administration [HB1371 Detail]

Download: Texas-2015-HB1371-Comm_Sub.html

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84R13665 MK-D
By: Dutton, Naishtat, Wu, Burkett H.B. No. 1371
Substitute the following for H.B. No. 1371:
By: Dutton C.S.H.B. No. 1371

A BILL TO BE ENTITLED
AN ACT
relating to certain functions of the office of consumer affairs in
the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter Y to read as follows:
SUBCHAPTER Y. OFFICE OF CONSUMER AFFAIRS
Sec. 531.991. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Office" means the office of consumer affairs in
the commission.
Sec. 531.992. OFFICE. The office of consumer affairs is an
office in the commission.
Sec. 531.993. DUTIES OF OFFICE. The office shall:
(1) develop statewide procedures in order to receive
inquiries and complaints relating to the department;
(2) review complaints and inquiries filed with the
office relating to the department;
(3) investigate each complaint described by
Subdivision (2);
(4) if a complaint filed with the office alleges the
abuse, neglect, or exploitation of a child, assist the child making
the complaint in reporting the allegation to the department and
open a case for the duration of the department's investigation of
the allegation;
(5) issue and file with the department a final report
that contains the office's final determination of a complaint's
merit and any recommended corrective actions to be taken by the
department;
(6) establish a secure form of communication with any
individual who files a complaint with the office; and
(7) ensure that a child in the conservatorship of the
department who files a complaint with the office is informed of the
results of the office's investigation of the child's complaint,
including whether the office was able to substantiate the child's
complaint.
Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If
during the investigation of a complaint the office discovers
unreported violations of the department's rules and policies, the
office shall open a new investigation for each unreported
violation.
Sec. 531.995. ACCESS TO INFORMATION. The department shall
provide the office access to the department's records that relate
to a complaint the office is investigating.
Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) The
department shall allow any department employee, any child in the
conservatorship of the department, and any client of adult
protective services to communicate with the office. The
communication:
(1) may be in person, by telephone, by mail, or by any
other means; and
(2) is confidential and privileged.
(b) The records of the office are confidential, except that
the office shall disclose the office's records if required by a
court order on a showing of good cause.
(c) The office may make public reports relating to an
investigation after the investigation is complete. The office shall
redact the names of all children, parents, clients, and employees
from the report and maintain the confidentiality of that
information.
Sec. 531.997. RETALIATION PROHIBITED. (a) The department
may not retaliate against a department employee or any other person
who in good faith makes an inquiry or complaint to the office or
cooperates with the office in an investigation.
(b) The office shall collaborate with the divisions of the
department responsible for child protective services, adult
protective services, and child care licensing to create
consequences, based on the extent of the offense and the severity of
the retaliation, for any person who is found to have engaged in
retaliation against a child in the conservatorship of the
department.
Sec. 531.998. PROMOTION OF OFFICE. (a) The office shall
annually develop and implement an outreach plan to promote
awareness among the public, children in the conservatorship of the
department, clients of adult protective services, and all operators
and staff of facilities licensed by the department of:
(1) the purpose of the office;
(2) the services the office provides; and
(3) how the office may be contacted.
(b) The office shall ensure that:
(1) all residential facilities in which children in
the conservatorship of the department are placed display
information about the office and the process for filing a complaint
with the office in a location that is easily accessible to children
residing at the facility; and
(2) information about the office and the complaint
process is provided to:
(A) guardians ad litem and court appointed
special advocates for children in the conservatorship of the
department; and
(B) staff members of the department.
Sec. 531.999. REPORT. (a) The office shall prepare an
annual report that contains:
(1) a description of the office's work, including a
summary of each complaint the office received and investigated and
the manner in which each complaint was resolved;
(2) any change made by the department, either at the
regional or statewide level, in response to a substantiated
complaint against the department;
(3) a description of any trends in the nature of
inquiries or complaints received by the office and any policy
recommendations related to addressing those trends;
(4) a glossary of terms used in the report;
(5) a description of the methods used to promote
awareness of the office under Section 531.998 and the office's
promotion plan for the next year; and
(6) any public feedback received by the office
relating to the office's previous annual reports.
(b) The report must be submitted to the executive
commissioner and the commissioner of the department not later than
October 1 of each year. On receipt of the report, the department
shall make the report publicly available on the department's
Internet website.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall transfer all personnel, funding,
records, and authority currently allocated to the office of
consumer affairs in the Department of Family and Protective
Services to the office of consumer affairs in the commission, as
created by this Act.
SECTION 3. This Act takes effect September 1, 2015.