Sec. 261.101. DUTIES AND POWERS. (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 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 committed to 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 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, 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 committed to 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 committed to 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;
(11) report a possible standards violation by a local juvenile probation department to the appropriate division of the department; and
(12) immediately report the findings of any investigation related to the operation of a post-adjudication correctional facility in a county to the chief juvenile probation officer and the juvenile board of the county.
(a-1) The independent ombudsman shall perform the duties required under Subsection (a) with respect to children committed to the department and children committed to a post-adjudication secure correctional facility under Section 54.04011, Family Code.
(b) The independent ombudsman may apprise persons who are interested in a child's welfare of the rights of the child.
(c) To assess if a child's rights have been violated, the independent ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, child, parent, expert, or any other individual in the course of its investigation or to secure information.
(d) Notwithstanding any other provision of this chapter, the independent ombudsman may not investigate alleged criminal behavior.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 11(a), without reference to the amendment made by Acts 2015, 84th Leg., Ch. 962 (S.B. 1630), Sec. 7, effective until December 31, 2018
(e) Notwithstanding any other provision of this chapter, the powers of the office are limited to:
(1) facilities operated and services provided by the department under Subtitle C; and
(2) post-adjudication correctional facilities under Section 152.0016.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 11(b), without reference to the amendment made by Acts 2015, 84th Leg., Ch. 962 (S.B. 1630), Sec. 7, effective on January 1, 2019
(e) Notwithstanding any other provision of this chapter, the powers of the office are limited to facilities operated and services provided by the department under Subtitle C.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 7, without reference to the amendment made by Acts 2015, 84th Leg., Ch. 854 (S.B. 1149), Sec. 11
(e) Notwithstanding any other provision of this chapter, the powers of the office include:
(1) facilities operated and services provided by the department under Subtitle C;
(2) post-adjudication correctional facilities under Section 51.125, Family Code;
(3) any other residential facility in which a child adjudicated as having engaged in conduct indicating a need for supervision or delinquent conduct is placed by court order; and
(4) the investigation of complaints alleging a violation of the rights of the children placed in a facility described by Subdivision (2) or (3).
(f) This subsection and Subsections (a-1) and (e) expire December 31, 2018.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 11(a), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 854 (S.B. 1149), Sec. 11(b), eff. January 1, 2019.
Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 7, eff. September 1, 2015.
Section: Previous 261.052 261.053 261.054 261.055 261.056 261.057 261.058 261.059 261.060 261.061 261.101 261.102 261.103 261.104 261.151 NextLast modified: September 28, 2016