(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.

Source Note: The provisions of this §601.8 adopted to be effective April 22, 2012, 37 TexReg 2685