As used in this chapter, unless context requires another meaning: “Administrative act” includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, an adoption attorney, or a child-placing agency with respect to a particular child related to adoption, foster care, or protective services. “Adoption attorney” means an attorney acting […]
A. There is hereby created the Office of the Children’s Ombudsman as a means of effecting changes in policy, procedure, and legislation; educating the public; investigating and reviewing actions of the Department, local departments, child-placing agencies, or child-caring institutions; and monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to child protective services […]
A. The Ombudsman shall establish procedures for the Office for budget, expenditures, and employment. Subject to annual appropriations, the Ombudsman shall employ sufficient personnel to carry out the duties and powers prescribed by this chapter. B. The Ombudsman shall establish procedures for receiving and processing complaints from complainants and individuals not meeting the definition of […]
Any of the following individuals may make a complaint to the Ombudsman with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds: 1. The child, if the child is able to articulate […]
The Children’s Ombudsman has the authority to do all of the following with regard to children receiving child-protective services, in foster care, or placed for adoption: 1. Pursue all necessary action, including legal action, to protect the rights and welfare of such children; 2. Pursue legislative advocacy in the best interest of such children; 3. […]
A. The Ombudsman may do all of the following in relation to a child who may be a victim of child abuse or child neglect, including a child who may have died as a result of suspected child abuse or child neglect: 1. Upon the Ombudsman’s own initiative or upon receipt of a complaint, investigate […]
A. Upon deciding to investigate a complaint from a complainant or an individual not meeting the definition of complainant, the Ombudsman shall notify the complainant or the individual not meeting the definition of complainant of the decision to investigate and shall notify the Department or local department, adoption attorney, or child-placing agency of the intention […]
A. The Department or local department and a child-placing agency shall do all of the following: 1. Upon the Ombudsman’s request, grant the Ombudsman or the Ombudsman’s designee access to all information, records, and documents in the possession of the Department or local department or child-placing agency that the Ombudsman considers relevant and necessary in […]
A. Subject to subsections B through F, a record of the Office is confidential, shall only be used for purposes set forth in this chapter, is not subject to court subpoena, and is not discoverable in a legal proceeding. If the Ombudsman identifies action or inaction by the state through its agencies or services that […]
A. The Ombudsman shall prepare a report of the factual findings of an investigation and make recommendations to the Department, local department, or child-placing agency if the Ombudsman finds any of the following: 1. A matter should be further considered by the Department, local department, or child-placing agency. 2. An administrative act or omission should […]
A. An official, the Department, a local department, a child-serving agency, or a child-placing agency shall not penalize any person for filing a complaint or cooperating with the Ombudsman in investigating a complaint. B. An individual, the Department, a local department, an adoption attorney, a child-serving agency, or a child-placing agency shall not hinder the […]
There is hereby created in the state treasury a special nonreverting fund to be known as the Children’s Advocacy Fund, referred to in this section as “the Fund.” The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, and any gifts, donations, grants, bequests, and other funds received […]
