| (a) Purpose. The purpose of this rule is to establish
the process by which complaints may be filed with and handled by the
Independent Ombudsman (IO).
(b) General Information.
(1) The name, mailing address, and phone number used
for the purpose of directing complaints to the IO, and a link to the
IO website shall be available on the Texas Juvenile Justice Department
(TJJD) website, as well as on informational material distributed by
the IO.
(A) IO staff shall process complaints from the public.
(B) IO staff shall conduct investigations of complaints
if it is determined that the complaint is not alleging criminal behavior
and:
(i) a youth committed to TJJD or the youth's family
may be in need of assistance; or
(ii) a systemic issue in the TJJD provision of services
is raised by the complaint.
(2) Any IO employee or agent may receive a complaint
and is required to ensure it is given to the correct person for resolution.
(3) The IO shall request that complaints be provided
in writing, although verbal complaints and inquiries shall be accepted.
(4) The IO shall request that complaints contain specific
relevant details, including:
(A) the name of any involved party(ies);
(B) the TJJD number of any youth involved in the complaint;
and
(C) any locations, dates, and times.
(5) All IO staff responding to a complaint from the
public shall act in a courteous manner and in accordance with established
IO policies.
(c) Investigation and Resolution of Complaints.
(1) IO staff shall use every means appropriate to obtain
as much information as possible regarding a complaint in order to
provide a complete and thorough response. Investigative paths may
include, but are not limited to:
(A) research of policies and procedures for general
operations questions;
(B) research of available records regarding a youth
on TJJD database systems;
(C) requesting information/investigation from the appropriate
proponent. All investigations are evaluated to ensure they are complete
and thorough;
(D) consulting with other individuals or entities,
outside of TJJD, who are knowledgeable of an issue addressed in the
complaint or inquiry; or
(E) referring complaints regarding youth protection
issues or alleged criminal conduct to the TJJD Office of Inspector
General (OIG).
(2) Following an IO investigation, the deputy ombudsman
will draft a response and provide a copy to the ombudsman.
(3) The ombudsman or the ombudsman's designee shall
periodically review all closed complaints to ensure that the inquiry
or complaint has been addressed.
(d) Response Timeframes.
(1) All complaints shall be responded to in a timely
manner.
(2) Allegations of life threatening situations involving
youth-on-youth or staff-on-youth behavior and allegations of sexual
assault shall be reported immediately (same day received) to the OIG
and the ombudsman by the appropriate deputy ombudsman.
(e) Documentation of Complaints.
(1) An information file shall be maintained for each
complaint filed. At a minimum, the following information shall be
included in the file:
(A) the name of the person who filed the complaint;
(B) the date the complaint was received;
(C) the subject matter of the complaint;
(D) the name of each person contacted in relation to
the complaint;
(E) a summary of the results of the review or investigation
of the complaint; and
(F) an explanation of the reason the file was closed,
if the file was closed without taking action.
(2) Files shall be retained in accordance with the
IO records retention schedule.
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