(a) Purpose. The purpose of this rule is to establish procedures for the Texas Juvenile Justice Department (TJJD) to review and comment on reports issued by the Office of the Independent Ombudsman (OIO).
(b) Applicability. This rule applies to the following types of reports issued by OIO:
  (1) quarterly reports issued under Human Resources Code §261.055(a);
  (2) reports concerning serious or flagrant circumstances issued under Human Resources Code §261.055(b); and
  (3) any other formal reports containing findings and making recommendations concerning systemic issues that affect TJJD.
(c) Prior to Publication of an OIO Report.
  (1) Upon receipt of an OIO report prior to the report's publication, the TJJD executive director or his/her designee:
    (A) assigns the report for review and comment to appropriate staff members; and
    (B) drafts a formal response to the OIO report.
  (2) TJJD's formal response to the draft report shall be provided to OIO no later than 14 days after receipt of the draft report.
  (3) If the OIO report addresses serious or flagrant circumstances as described in Human Resources Code §261.055(b), TJJD shall expedite or eliminate its review of and comment on the report. The TJJD executive director or his/her designee:
    (A) determines whether to expedite or eliminate the review and comment process;
    (B) within one business day, notifies OIO of TJJD's intention to expedite or eliminate the review and comment process; and
    (C) in cases of expedited review, provides TJJD's formal comments to OIO no later than the third business day after the date TJJD receives the report.
(d) After Publication of an OIO Report.
  (1) Upon publication of an OIO report, the TJJD executive director or his/her designee determines whether TJJD will make comments on the published report.
  (2) In cases where TJJD will make comments on a published OIO report, TJJD's formal response shall be submitted to OIO no later than the 30th day after the date the report is published.
  (3) If the published report addresses serious or flagrant circumstances as described in Human Resources Code §261.055(b), TJJD shall follow the procedures and deadlines established in subsection (c)(3) of this section.

Source Note: The provisions of this §385.9941 adopted to be effective December 6, 2010, 35 TexReg 10770; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123