62A-4a-208 - Child protection ombudsman -- Responsibility -- Authority.
62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
(1) As used in this section:
(a) "Complainant" means a person who initiates a complaint with the ombudsman.
(b) "Ombudsman" means the child protection ombudsman appointed pursuant to thissection.
(2) (a) There is created within the department the position of child protectionombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executivedirector.
(b) The ombudsman shall be:
(i) an individual of recognized executive and administrative capacity;
(ii) selected solely with regard to qualifications and fitness to discharge the duties ofombudsman; and
(iii) have experience in child welfare, and in state laws and policies governing abused,neglected, and dependent children.
(c) The ombudsman shall devote full time to the duties of office.
(3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of acomplaint from any person, investigate whether an act or omission of the division with respect toa particular child:
(i) is contrary to statute, rule, or policy;
(ii) places a child's health or safety at risk;
(iii) is made without an adequate statement of reason; or
(iv) is based on irrelevant, immaterial, or erroneous grounds.
(b) The ombudsman may decline to investigate any complaint. If the ombudsmandeclines to investigate a complaint or continue an investigation, the ombudsman shall notify thecomplainant and the division of the decision and of the reasons for that decision.
(c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
(4) The ombudsman shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, makerules that govern the following:
(i) receiving and processing complaints;
(ii) notifying complainants and the division regarding a decision to investigate or todecline to investigate a complaint;
(iii) prioritizing workload;
(iv) maximum time within which investigations shall be completed;
(v) conducting investigations;
(vi) notifying complainants and the division regarding the results of investigations; and
(vii) making recommendations based on the findings and results of recommendations;
(b) report findings and recommendations in writing to the complainant and the division,in accordance with the provisions of this section;
(c) within appropriations from the Legislature, employ staff as may be necessary to carryout the ombudsman's duties under this part;
(d) provide information regarding the role, duties, and functions of the ombudsman topublic agencies, private entities, and individuals;
(e) annually report to the:
(i) Child Welfare Legislative Oversight Panel;
(ii) governor;
(iii) Division of Child and Family Services;
(iv) executive director of the department; and
(v) director of the division; and
(f) as appropriate, make recommendations to the division regarding individual cases, andthe rules, policies, and operations of the division.
(5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall notifythe complainant and the division of that decision.
(b) The ombudsman may advise a complainant to pursue all administrative remedies orchannels of complaint before pursuing a complaint with the ombudsman. Subsequent toprocessing a complaint, the ombudsman may conduct further investigations upon the request ofthe complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes acomplainant from making a complaint directly to the ombudsman before pursuing anadministrative remedy.
(c) If the ombudsman finds that an individual's act or omission violates state or federalcriminal law, the ombudsman shall immediately report that finding to the appropriate county ordistrict attorney or to the attorney general.
(d) The ombudsman shall immediately notify the division if the ombudsman finds that achild needs protective custody, as that term is defined in Section 78A-6-105.
(e) The ombudsman shall immediately comply with Part 4, Child Abuse or NeglectReporting Requirements.
(6) (a) All records of the ombudsman regarding individual cases shall be classified inaccordance with federal law and the provisions of Title 63G, Chapter 2, Government RecordsAccess and Management Act. The ombudsman may make public a report prepared pursuant tothis section in accordance with the provisions of Title 63G, Chapter 2, Government RecordsAccess and Management Act.
(b) The ombudsman shall have access to all of the department's written and electronicrecords and databases, including those regarding individual cases. In accordance with Title 63G,Chapter 2, Government Records Access and Management Act, all documents and informationreceived by the ombudsman shall maintain the same classification that was designated by thedepartment.
(7) (a) The ombudsman shall prepare a written report of the findings andrecommendations, if any, of each investigation.
(b) The ombudsman shall make recommendations to the division if the ombudsman findsthat:
(i) a matter should be further considered by the division;
(ii) an administrative act should be addressed, modified, or canceled;
(iii) action should be taken by the division with regard to one of its employees; or
(iv) any other action should be taken by the division.
Amended by Chapter 75, 2009 General Session