Responsibilities of the Assistant Independent Ombudsman

1. Responsibilities of the Assistant Independent Ombudsman

2. An Assistant Independent Ombudsman (AIO) offices at each center

3. We Are Not Rights Officers • We examine and evaluate systemic issues • We monitor programming and operations • We investigate any issue which is brought to us • We initiate investigations • We protect the identity of anyone who wishes to remain anonymous • We keep our records confidential and privileged • We access records, data, experts or other information necessary for our investigations • We communicate with state officials directly

4. Investigate • Conduct investigations of complaints, other than complaints alleging criminal offenses or the abuse, neglect or exploitation of a resident or client, if the office determines that: • A resident or client or family member may be in need of assistance from the office • Raises the possibility of a systemic issue in the center’s provision of service

5. Make Referrals • Immediately refer a complaint alleging the abuse, neglect, or exploitation of a resident or client to the Department of Family and Protective Services. • Refer a complaint alleging employee misconduct that does not involve abuse, neglect or exploitation or a possible violation of the ICF-MR standard or condition of participation to the regulatory services division of the department. • Refer a complaint alleging a criminal offense, other than allegations of abuse, neglect or exploitation of a resident or client, to the Office of the Inspector General. • Make appropriate referrals under any of the duties and powers listed in this subsection.

6. Incident Review • Review all final reports produced by DFPS, the regulatory services division of the department and the Inspector General regarding complaints referred by the Independent Ombudsman or assistant ombudsmen. • Review each final abuse, neglect, or exploitation investigation report that the SSLC receives from DFPS and denote by signature the review of each report.

7. Incident Review, continued • Monitor and evaluate the department’s actions relating to any problem identified or recommendation included in reports received from DFPS relating to an investigation of alleged abuse, neglect or exploitation. • Review, as the Independent Ombudsman’s Office or assistant ombudsmen’s office determines appropriate, each incident report initiated at the SSLC, and each administrative, clinical, or rights issue referred to the SSLC by DFPS. • Evaluates the process by which a center investigates, reviews and reports an injury to a resident or client or an unusual incident.

8. Program Review • Evaluates the delivery of services to residents and clients to ensure the rights of residents and clients are observed, including ensuring that each center conducts sufficient unannounced patrols. • The Ombudsman will conduct biennial on-site audits at each center of: • Ratios of direct care employees to individuals served • Provisions and adequacy of training center employees, direct care employees and specialized training • The Ombudsman will conduct an annual audit of each center’s policies, practices, and procedures to ensure that each resident is encouraged to exercise his or her rights.

9. Advocacy & Mediation • Provide assistance to those the ombudsman determines in need of assistance, including advocating with an agency, provider, or other person in the best interest of the resident. • The independent ombudsman may apprise a person who is interested in a resident’s or client’s welfare of the rights of the resident or client.

10. References • Texas Health and Safety Code,Title 7, Chapter 555 • Memorandum of Understandingregarding Investigations of Abuse and Neglect in State Supported Living Centers • between the Health and Human Services Commission, • the Department of Aging and Disability Services, • the Department of State Health Services, • the Department of Family and Protective Services, • the Office of the Independent Ombudsman for State Supported Living Centers, • and the Office of the Inspector General HHSC.

11. AIO Training (as of March 1, 2012) • New Employee Orientation at SSLC • Peer visits and coaching • Biannual All-Staff training on various topics • DADS Internal Audit • DFPS Adult Protective Services: Operations • DADS Regulatory: Complaint investigations • DADS Consumer Rights and Services • HHSC Civil Rights Office • DADS SSLC Human Rights • HHSC Office of the Ombudsman • HHSC IT Development and Support • On-going training and development of OIO policy and procedures

12. AIO Training, continued (as of March 1, 2012) • Conferences and Symposiums • Annual American Association on IDD Conference • Annual Texas Advocates Conference (sponsored by Arc of Texas) • Annual Adult Protective Services Conference • Texas Culture Change Coalition Symposium • Intermediate Care Facility Conference (sponsored by DADS Regulatory) • Consumer Rights Conference (sponsored by DADS and DSHS) • Workshops and Training courses • Positive Behavior Support (2-day workshop) • Basic Mediation (40-hour course) • Serious Incident Investigations: Level I Certification (3-day course)

13. Contact Info • Toll free: 1-877-323-6466 • Website: dads.state.tx.us/sslcombudsman • Find us on Facebook