Responsibilities of the Assistant Independent Ombudsman

An Assistant Independent Ombudsman (AIO) offices at each center

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

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 centers provision of service

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.

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.

Incident Review, continued Monitor and evaluate the departments 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 Ombudsmans Office or assistant ombudsmens 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.

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 centers policies, practices, and procedures to ensure that each resident is encouraged to exercise his or her rights.

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 residents or clients welfare of the rights of the resident or client.

References Texas Health and Safety Code,Title 7, Chapter 555 Memorandum of Understanding regarding 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.

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

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)

Contact Info Toll free: Website: dads.state.tx.us/sslcombudsman Find us on Facebook