Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman serves as a neutral party in assisting 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.
(b) The ombudsman shall:
(1) develop and implement statewide procedures to:
(A) receive complaints from children and youth in the conservatorship of 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 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 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 children and youth in the conservatorship of the department;
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1168 (S.B. 830), Sec. 1, eff. September 1, 2015.
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