§ 261.101 — DUTIES AND POWERS.

Texas § 261.101

• Jurisdiction: Texas
• Code HR: Human Resources Code

Text

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, juvenile probation departments, or other entities operating facilities in which children adjudicated for conduct that constitutes an offense are placed 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, a child adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board, or the child's family may be in need of assistance from the office; or
(B) a systemic issue raised in a complaint about the provision of services to children by the department, juvenile probation departments, or other entities operating facilities in which children adjudicated for conduct that constitutes an offense are placed;
(4) review or inspect periodically the facilities and procedures of any institution or residence in which a child adjudicated for conduct that constitutes an offense has been placed by the department or a juvenile probation 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 or adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board;
(8) make appropriate referrals under any of the duties and powers listed in this subsection;
(9) supervise assistants who are serving as advocates in internal administrative and disciplinary hearings by representing children committed to the department or adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board;
(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 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.
(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.
(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 646 (S.B. 1702 ), Sec. 2, eff. September 1, 2019.
(f) Notwithstanding any other provision of this chapter, the powers of the office include:
(1) the inspection of:
(A) a facility operated by the department under Subtitle C;
(B) a post-adjudication secure correctional facility under Section 51.125 , Family Code;
(C) a nonsecure correctional facility under Section 51.126 , Family Code; and
(D) 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
(2) the investigation of complaints alleging a violation of the rights of the children committed to or placed in a facility described by this subsection.
(g) The department and juvenile probation departments shall notify the office regarding any private facility described by Subsection (f)(1) with which the department or the juvenile probation department contracts to place children adjudicated as having engaged in conduct indicating a need for supervision or delinquent conduct. The report under this subsection must be made annually and updated at the time a new contract is entered into with a facility described by this subsection. The office shall adopt rules to implement the reporting requirements under this subsection, including the specific times the report must be made.
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.

Legislative History

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. Acts 2019, 86th Leg., R.S., Ch. 646 (S.B. 1702 ), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 646 (S.B. 1702 ), Sec. 2, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727 ), Sec. 50, eff. September 1, 2023.