NCSL - National Conference of State Legislatures
05/25/2023 | Press release | Distributed by Public on 05/25/2023 14:07
Children's Ombudsman Offices | Office of the Child Advocate
Related Topic:Human Services
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Key Takeaways:
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Ombudsman offices have been established in a variety of state, municipal, county, local, and federal governments, as well in academic organizations and businesses as an independent and impartial organization which assists in obtaining resolution of conflicts or complaints.
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Children's Ombudsman Offices, also known in some jurisdictions as Office of the Child Advocate, have been established at the state level in order to assist in providing oversight of children's services.
What is an Ombudsman?
The word "Ombudsman" is derived from the Swedish word meaning "agent" or "representative[i]." Ombudsman offices have been established in a variety of state, municipal, county, local, and federal governments, as well in academic organizations and businesses as an independent and impartial organization which assists in obtaining resolution of conflicts or complaints. Ombudsman may be alternatively known as "advocate," "citizen's representative," and "mediator.[ii]" The United States Ombudsman Association (USOA), defines the public sector ombudsmen as "an independent, impartial public official with authority and responsibility to receive, investigate or informally address complaints about government actions, and, when appropriate, make findings and recommendations, and publish reports[iii]"
The USOA has established a set of best practices guidelines for Ombudsman offices: (1) An Ombudsman office should be independent-free from outside control or influence; (2) An Ombudsman should be impartial- receive and review each complaint in an objective and fair manner, free from bias, and treat all parties without favor or prejudice. (3)The Ombudsman should control confidentiality- have the privilege and discretion to keep confidential or release any information related to a complaint or investigation; and (4) The Ombudsman should create a credible review process of complaints- perform his or her responsibilities in a manner that engenders respect and confidence and be accessible to all potential complainants. [iv]
Children's Ombudsman Offices /Office of the Child Advocate
Overview
Children's Ombudsman Offices, also known in some jurisdictions as Office of the Child Advocate, have been established at the state level in order to assist in providing oversight of children's services. Currently, approximately twenty-three states have established a Children's Ombudsman/ Office of the Child Advocate with duties and purposes specifically related to children's services. Another five states have a statewide Ombudsman program that addresses the concerns of all governmental agencies, including children's services. Nine states have related Ombudsman services, program-specific services, or county-run programs.
The purpose, responsibilities and duties of the Children's Ombudsman Office vary by state. In general, these offices exist to:
- Handle and investigate complaints from citizens and families related to government services for children and families - this may include child protective services, foster care, adoption and juvenile justice services.
- Provide a system accountability mechanism by recommending system-wide improvements to benefit children and families - often in the form of annual reports to the Legislature, Governor and public.
- Protect the interests and rights of children and families - both individually and system-wide.
- Monitor programs, placements and departments responsible for providing children's services - which may include inspecting state facilities and institutions.
Complaint Process[v]
Once a concerned party calls a Children's Ombudsman's Office with a complaint, the call is screened to determine what action is necessary. One option is to provide the caller with resources and referrals. The other option is to open a case. Once a case is open, the Ombudsman gives notice of the complaint to the agency and begins to investigate or review the complaint and the agency is requested to respond. If necessary, the Ombudsman may intervene by facilitating communication, holding a meeting, or pursuing legal action. Once the Ombudsman has concluded its investigation, the office will develop a report while giving the agency the opportunity to respond. On an annual basis, the Ombudsman will summarize citizen complaints and identify system trends in an annual report.
Types of Children's Ombudsman Offices/ Offices of the Child Advocate
Jurisdiction, size and operation of Children's Ombudsman Offices vary by state. A Children's Ombudsman Office may be established by legislation, executive order, or by the child welfare agency. A Children's Ombudsman office can be an independent agency established by statute, existing either in the legislative branch or executive branch, or may be established within the child welfare agency. The office may be run by the government, or a non-profit organization under government contract. This section explains generally how states have organized Children's Ombudsman Offices. The chart below provides a state by state breakdown.
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Independent and autonomous agency with oversight specific to child welfare: Fourteen states operate independent and autonomous Ombudsman offices, specifically handling issues related to children (Colorado, Connecticut, Georgia,Indiana, Maine, Massachusetts, Michigan,Missouri,New Hampshire,Rhode Island,South Carolina,Tennessee, Washington and West Virginia. These offices are established by the Legislature and may exist independently within either the legislative or executive branch[vi]. These offices are not part of the state's division of child and family services. Independent Children's Ombudsman Offices oversee child-serving agencies with independence, impartiality, and confidentiality, and have a credible review process which includes access to information.[vii] These Ombudsman offices are generally appointed by the Governor or Legislature. Statutory duties likely include: Receiving and investigating complaints; access to information, usually including the power to subpoena; control what information must be held confidential or released to the public; and must submit annual reports- usually these reports are available to the public.
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Operates within, but autonomous of, the state agency providing child welfare services: Three states (California, Texas, and Utah) have established Children's Ombudsman offices that operate within the state's division of child welfare services, but are established to act autonomously of the agency they oversee. These ombudsman offices are also established by statute. The department director generally is responsible for or assists in appointing the Ombudsman. The duties and functions of these independent organizational ombudsman offices likely include: receive and investigate complaints related to child-serving agencies; access information, without the power to subpoena; maintain confidentiality; and prepare an annual report which is usually made available to the public.
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Provides oversight to all governmental agencies within the state including child welfare services: Five states (Alaska,Arizona, Hawaii,Iowa, and Nebraska) have general jurisdiction ombudsmen established to oversee all public agencies or departments within the state including child-serving agencies.[viii] These five Ombudsman offices are each established by statute and exist independently as part of the Legislative Branch. Statutory duties include: receive and investigate complaints; access information with the power to subpoena; control confidentiality; and submit reports at least annually, available to the public.
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Nebraska, in addition to the Public Counsel (Ombudsman's Office) which investigates complaints against state administrative agencies and state government, also enacted LB 821 in 2012 creating the Office of Inspector General of Nebraska Child Welfare. The Office of the Inspector General operates as a subdivision of the Public Counsel, investigating "individuals and agencies responsible for the care and protection of children in the Nebraska Child Welfare system."
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Non-Independent Children's Ombudsman office, established within the child welfare agency: Seven states (Arkansas, Kentucky, Illinois,Oklahoma,New Jersey,New York, and Oregon) have non-independent ombudsman offices established within state's division of child welfare services designed to take complaints and resolve disputes within the agency of oversight. These offices may or may not be established by statute. These ombudsmen are appointed by the Director of the agency. Duties generally include: receive and investigate complaints; access information, without the power to subpoena; and the office may or may not be required to submit reports.
- Other statutory Ombudsman-like programs: Four states (Delaware, Maryland,Minnesota, and Nevada) have established ombudsman-like services by statute, limited to specific constituencies or services within the child welfare system. Delaware's program assists with judicial advocacy; Maryland has a Children's Advocate who assists residential youth with complaints; Minnesota has four ombudspersons working with four different communities of color; and, Nevada serves missing and exploited children. These ombudsman programs may or may not be independent and autonomous of the agency they oversee.
- Non-statutory county-based or program-based offices: Five states (Montana, Ohio,North Carolina and Virginia) have county- or program-based ombudsman offices not established in state statute. These programs may be run as a citizen complaint office within the Governor's office; through individual county children's services agencies; or, are specific programs such as Virginia's Juvenile Justice's Ombudsman Office. The main duty of these offices is to receive and help resolve constituent complaints. Ohio and North Carolina are unique in that the ombudsman programs are located at the county, rather than the state, level. Ohio's Lucas County Children Services Ombudsman operates as a "neutral dispute resolver" designed to investigate complaints and make recommendations in a non-adversarial setting. Additionally, during the 2013 legislative session, North Carolina enacted a Foster Care Ombudsman Pilot Program in Gaston County. The Board of County Commissioners will establish the qualifications for and appoint the Ombudsman.
Children's Ombudsman Services by State
The chart below provides state-specific information regarding ombudsman programs related to children's services. The information within the chart includes: the year established if known; the jurisdiction of the ombudsman's office and the location of the office within the state's government; information regarding how the ombudsman is appointed and required qualification, if available; and, the duties and powers of the ombudsman. This state-specific information comes from either the state's statutory language or the office's website.
State Children's Ombudsman Offices
Read More
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STATE |
OFFICE |
JURISDICTION & LOCATION WITHIN THE GOVERNMENT |
APPOINTMENT & QUALIFICATION |
DUTIES & POWERS |
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ALASKA Alaska Stat. 24.55.010-340 |
Alaska Office of Ombudsman | The Ombudsman has jurisdiction to investigate the administrative acts of all Alaska agencies, and is independent and autonomous of those agencies. As part of the Legislative Branch, the administrative facilities and services of the Legislative Affairs Agency may be used for the management of the Office of the Ombudsman. |
The Ombudsman is selected by the Alaska Legislature's Ombudsman Selection Committee, subject to approval by the Legislature and Governor. The Ombudsman serves for a term of five years and may be reappointed. The Ombudsman must be at least 21 years old, a qualified voter, resident in the state for three years, and cannot be a candidate for, or hold, public office. |
The Ombudsman may investigate complaints; has access to confidential records; issue subpoenas: and must maintain confidentiality. The Ombudsman may issue investigative reports, and may submit recommendations to the Legislature. |
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ARIZONA Ariz. Rev. Stat. 41-1371 through 41-1383 |
Arizona Office of Ombudsman Citizens Aide | The Ombudsman oversees all Arizona agencies and is independent and autonomous of those agencies. The Office of the Ombudsman is an independent agency of the Arizona Legislature, and physically may not be located in the state office or any agency office. |
The Ombudsman is appointed by Legislative committee. The Ombudsman serves five-year terms- and cannot serve more than three full terms. The Ombudsman must not hold public office, must be a state resident for 6 months, 25 years old, and have investigatory experience. |
The Ombudsman may investigate the administrative acts of agencies; prepare an annual and public report; has access to confidential information; issues subpoenas; maintains confidentiality; makes recommendations. |
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ARKANSAS Ark. Code Ann. § 16-87-216 |
Arkansas Public Defender's Commission's Juvenile Ombudsman |
The Ombudsman is part of the Public Defender's Commission, the Juvenile Ombudsman provides for independent oversight of the Division of Youth Service's facilities and programs that are unlicensed or unaccredited. |
The Ombudsman is appointed by the Executive Director of the Public Defender's Commission. The Ombudsman should have an advanced degree in a related field and four years of related experience. |
The Ombudsman has access to confidential information and juveniles in the state's custody; receives and investigates complaints; prepares annual reports. |
| ARKANSAS | Foster Parent Ombudsman | The Foster Parent Ombudsman is located within the Department of Human Services; has the responsibility of assisting foster parents. No statutory authority. | The Foster Parent Ombudsman serves as an advocate for foster parents by answering questions, providing training and assistance, and working to help resolve complaints or problems the foster parents might be having with the Division. | |
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CALIFORNIA Cal. Welfare And Institutions Code § 16160-16167 |
California Ombudsman for Foster Care | The Ombudsman is established as an autonomous entity within the State Department of Social Services with the oversight of children in foster care and relating to their care, placement or services. | The Department Director and interested committee shall appoint the Ombudsman for a term of four years. The Ombudsman may be appointed for consecutive terms. | The California Ombudsman for Foster Care investigates complaints; has access to confidential information; must maintain confidentiality; prepares an annual report for the Legislature that is available to the public. |
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COLORADO Colo. Rev. Stat. § 19-3.3-101 to -109 |
Office of Colorado's Child Protection Ombudsman |
The Child Protection Ombudsman is established in the judicial department as an independent agency for thepurpose of ensuring the greatest protections for the children of Colorado. |
The Child Protection Ombudsman works cooperatively with the Child Protection Ombudsman Board. This board is comprised of up to 12 individuals. These individuals are appointed by Chief Justice of the Colorado Supreme Court, the Governor, the president and minority leader of the Senate and the speaker and minority leader of the House of Representatives. | The Child Protection Ombudsman receives and investigates complaints; maintains confidentiality; has access to confidential information; does not have the ability to subpoena; makes recommendations; reports annually; educates the public. |
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CONNECTICUT Conn. Gen. Stat. § 46a-13k |
Connecticut Office of the Child Advocate | The Child Advocate shall act independently of any state department. The Office of the Child Advocate is located within the Office of Governmental Accountability. | The Child Advocate is appointed by the Governor with Approval by the General Assembly to serve a four-year term and may be reappointed. | The Child Advocate receives and investigates complaints; periodically reviews institutions; recommends policy changes; provides training to attorneys and guardians ad litem; has access to confidential information; issues subpoenas; maintains confidentiality; maintains a child fatality review panel; represents a child in court; produces annual and public reports. |
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DELAWARE Del. Code Ann. tit. 29 § 9001A - 9009A |
Delaware Office of the Child Advocate | The Office of the Child Advocate is a non-judicial agency of the Court. The Child Advocate serves as Executive Director to the Committee of the Child Protection Accountability Commission (CPAC). |
Appointed by the Executive Committee of the Child Protection Accountability Commission (CPAC). The Child Advocate shall be an attorney duly licensed to practice law in Delaware. |
The Child Advocate provides legal representation of children; provides public education and legislative advocacy; reviews child policy; recommends changes, submits an annual report; maintains confidentiality; effectuates the purposes of the CPAC. |
| FLORIDA | Children's Board Ombudsman Program | The Ombudsman works with families who have children with complex mental health/behavioral challenges. | The Ombudsman provides advocacy referrals to appropriate services, information and resources. | |
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GEORGIA Ga. Code Ann, § 15-11-740 et. Seq. |
Office of the Child Advocate for the Protection of Children | The Child Advocate provides independent oversight of persons, organizations and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Child Advocate is located within the Governor's Office of Planning and Budget for administrative purposes only. | The Child Advocate is appointed though a nominating process through the Governor. |
The Child Advocate coordinates the Child Fatality Review Panel; investigates complaints; has access to confidential records; subpoenas records; reviews the facilities and procedures of any institution or residence; provides public education and legislative advocacy; provides annual and public reports. |
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HAWAII Hawaii Rev. Stat. § 96-1 to 96-19 |
Office of the Ombudsman | The Ombudsman is an officer of the Legislature and has jurisdiction to investigate the administrative acts of all agencies. The Ombudsman operates independently and autonomously of state and county agencies. |
The Ombudsman is appointed by the legislature for a six-year term, with a three-term limit. The Ombudsman may not currently serve public office. |
The Ombudsman receives and investigates complaints; has access to confidential information; issues subpoenas; makes recommendations to state agencies; publishes recommendations; maintains confidentiality; publishes an annual and public report. |
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ILLINOIS Ch. 20 Ill. Comp. Stat. § 505/35.5 |
Illinois DCFS Office of the Inspector General | The Inspector General shall function independently, within the Department of Children and Family Services, with the authority to conduct investigations into by any employee, foster parent, service provider, or contractor of the Department of Children and Family Services. | The Inspector General is appointed by the Governor and confirmed by the Senate for a term of four years. | The Inspector General makes recommendations to the Director of the Department of Children and Family Services; has access to confidential information; acts as a liaison between the Department and the police; has the power to subpoena; publishes an annual and public report. |
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INDIANA Ind. Code § 4-13-19 |
Indiana Department of Child Services Ombudsman Bureau |
The Ombudsman oversees the Department of Child Services (DCS) and acts independently of DCS. The Ombudsman is housed in the Department of Administration. |
The Ombudsman is appointed by the Governor. The Ombudsman must be an attorney licensed to practice law in Indiana or a social worker with a master's degree, and must have significant experience or education in child development and child advocacy, including at least two (2) years experience working with child abuse and neglect. |
The Ombudsman receives and investigates complaints; provides public education; recommends changes; has access to confidential information; maintains confidentiality; makes reports. |
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IOWA Iowa Code § 2C-1 et.seq. |
Iowa Office of Citizen's Aide Ombudsman |
The Ombudsman is part of the Legislative branch, acts independently and has the jurisdiction to investigate complaints about all state and local government agencies. |
The Ombudsman is appointed by the legislative council, approved by the Senate and House of Representatives for a term of four years and may be reappointed. The Ombudsman must be a U.S. citizen, an Iowa resident, and qualified to analyze problems of law, administration and public policy. |
The Ombudsman has access to confidential information; maintains confidentiality; investigates complaints; issues subpoenas; makes recommendations; publishes conclusions; provides annual and public reports. |
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KENTUCKY Ky. Rev. Stat. Ann. § 194A.030(A) |
Kentucky Office of the Ombudsman for the Cabinet for Health and Family Services |
The Ombudsman is established within the Cabinet for Health and Family Services. | The Ombudsman is appointed by the Secretary of the Cabinet for Health and Family Services, with Governor approval. | The Ombudsman receives and reviews citizen complaints; has access to confidential records; emphasizes research and best practice; program accountability; monitors federal compliance. |
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MAINE Me. Rev. Stat. tit. 22 § 4087-A |
Maine Child Welfare Services Ombudsman | The Ombudsman is established as an independent program within the Executive Branch, and contracted to a non-profit organization to oversee the Office of Child and Family Services. |
Contract to a nonprofit organization by the Governor. The current contract is with Maine's Children's Alliance. The Ombudsman may not be actively involved in state politics. |
The Ombudsman receives and investigates complaints; provides public outreach; has access to persons, files, and records, does not have the power to subpoena; maintains confidentiality; provides annual and public reports. |
| MARYLAND |
FOSTER PARENT OMBUDSMAN,
(410) 767-7561 |
Not Independent. Autonomous within the Department of Human Resources and reports directly to the Secretary. |
The Foster Parent Ombudsman is hired by the Secretary of the Department of Human Resources. |
The Foster Parent Ombudsman reviews and mediates inquiries made by or on behalf of Maryland's public foster parents' and is responsible for a quarterly newsletter to foster parents. |
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MASSACHUSETTS Mass Gen. Laws ch. 18 § 1-13 |
Massachusetts Office of the Child Advocate | The Child Advocate is an independent office within the Executive Branch with the jurisdiction to oversee children served by the child welfare or juvenile justice systems. | The Child Advocate is appointed by the Governor and a nominating committee and serves a term coterminous with that of the governor. | The Child Advocate investigates critical incidents; receives and investigates complaints; reviews and makes recommendations for system-wide changes; educates the public; has access to facilities and records; has the power to subpoena; provides annual and public reports. |
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MICHIGAN Mich. Comp. Laws § 722.921 et.seq. |
Michigan Office of the Children's Ombudsman | The Ombudsman is independent and autonomous within the Executive Branch Department of Management and Budget, with the jurisdiction to oversee child welfare functions. |
The Ombudsman is appointed by the Governor with the consent of the Senate and serves at the pleasure of the Governor. The Ombudsman shall be qualified by training and experience. |
The Ombudsman receives and investigates complaints; advocates to the legislature; makes recommendations; has access to confidential records; issues subpoenas; holds informal hearings; maintains confidentiality; provides annual and public reports. |
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MINNESOTA Minn. Stat. § 257.0755 et.seq. |
Minnesota Office of Ombudsperson for Families | The Office of Ombudsperson for Families is an independent state agency. There are four ombudspersons working with four different communities of color. Each Ombudsperson works independently from, but in collaboration with, each of the following groups: the Indian Affairs Council, the Chicano Latino Affairs Council, the Council on Black Minnesotans, and the Council on Asian-Pacific Minnesotans. |
The Ombudsperson for each community shall be selected by the applicable community-specific board and serves at the pleasure of the respective communities. Each Ombudsperson shall be highly competent and qualified to analyze questions of law, administration, and public policy regarding the protection and placement of children from families of color; must be experienced in dealing with communities of color and knowledgeable about the needs of those communities; must not hold any other public office. |
The Ombudsperson monitors agency compliance with all laws regarding child protection and placement as to the impact on children of color; provides cultural diversity training to state and local courts; receives and investigates complaints; has access to confidential information; has subpoena power; makes recommendations; provides annual and public reports. |
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MISSOURI Mo. Rev. Stat. § 37.705 |
State of Missouri Office of Child Advocate | The Office of Child Advocate is part of the Executive Branch Office of Administration and operates as an independent agent of accountability regarding Children's Protection and Services. The Child Advocate shall report directly to the Commissioner of the Office of Administration. | The Child Advocate is appointed jointly by the Governor and the Chief Justice of the Missouri Supreme Court with the advice and consent of the Senate. The Child Advocate shall hold office for a term of six years. | The Child Advocate receives and investigates complaints; has access to confidential information; has the power to subpoena; makes recommendations; educates the public; maintains confidentiality; coordinates mediation efforts between school districts and students when allegations of child abuse arise in a school setting; provides annual and public reports. |
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MONTANA Executive Order |
Citizens Advocate Office | The Citizens Advocate operates under Executive order of the Governor within the Governor's Office, with the authority to assist Montanans in their interactions with all state executive branch agencies. | The Citizens Advocate takes complaints regarding state agencies; operates an assistance hotline. | |
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NEBRASKA Neb. Rev. Stat. § 81-8,240 to 8-8,254 |
Public Counsel (Ombudsman's Office) Office of the Inspector General of Nebraska Child Welfare |
As part of the Legislative Branch the Public Counsel oversees all agencies and is independent of the agencies it oversees. |
The Ombudsman is appointed by the Legislature for a term of six years. The Ombudsman shall be a person well equipped to analyze problems of law, administration, and public policy and shall not be actively involved in partisan affairs. |
The Ombudsman receives and investigates complaints; has access to information; issues subpoenas; makes recommendations; publishes annual reports. |
| NEVADA | Nevada State Advocate for Missing and Exploited Children | The Advocate operates within the Office of the Attorney General. | The Advocate is a Senior Deputy Attorney General. | The Advocate assists other agencies in investigating missing and exploited children; educates the public. |
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NEW HAMPSHIRE Section 170-G:18 |
New Hampshire Office of the Child Advocate | The Office of the Child Advocate shall be an independent agency, administratively attached to the department of administrative services pursuant to RSA 21-G:10 | The office shall be under the supervision of an unclassified director of the office of the child advocate. The director shall serve a term of 4 years and until a successor is appointed and qualified. Any vacancy in the office shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The director shall be appointed by the governor and council, upon the recommendation of the oversight commission established in RSA 170-G:19. The director shall possess a professional graduate degree in law, social work, public health, or a related field and be qualified by reason of education, experience, and expertise to perform the duties of the office. | The Office of the Child Advocate provides independent oversight of the division for children, youth, and families to assure that the best interests of children are being protected. |
| NEW JERSEY | Department of Children and Families Office of Advocacy | The Ombudsman is established within the Department of Children and Families within the Office of the DCF Commissioner with authority as an independent advocate for children and families. | The Ombudsman provides education; receives and reviews complaints; provides advocacy for families; makes recommendations; and, makes reports. | |
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NEW YORK N.Y. Exec. Law § 523b |
New York Office of the Ombudsman | The Ombudsman operates within the Office of Children and Family Services. |
The Ombudsman is appointed by the Commissioner of the Office of Children and Family Services. The Director of the Office of the Ombudsman must be an attorney licensed to practice law. The Ombudsmen staff are either licensed attorneys or persons with expertise in the areas of juvenile justice or youth rights. |
The Ombudsman receives and investigates complaints; monitors child welfare policy; advises residential youth; makes recommendations; has access to confidential information; receives critical incident reports; maintains confidentiality; provides monthly reports. |
| NORTH CAROLINA | Foster Care Ombudsman Pilot Program in Gaston County | Gaston County | The Board of County Commissioners shall establish the qualifications for the selection of the foster care ombudsman, including the criteria that the person selected shall have experience in child welfare and State laws and policies governing children in foster care. | |
| OHIO | Lucas County Children Services Ombudsman | The Ombudsman is established within the Lucas County Children's Services. | The Ombudsman investigates complaints; makes recommendations. | |
| OKLAHOMA | Oklahoma Department of Human Services, Office of Client Advocacy | The Office of Client Advocacy operates within the Oklahoma Department of Human Services (OKDHS). |
The Office of Client Advocacy takes complaints from: minors in OKDHS custody; youth in voluntary care of OKDHS; and foster parents. |
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OREGON Or. Rev. Stat. § 417.810 |
Oregon's Governor's Advocacy Office at the Department of Human Services (DHS) |
The Office of Children's Advocate is established in the Department of Human Services within the Governor's Advocacy Office at the Department of Human Services and is part of the Department of Human Services Director's Office. The Children's Advocate specifically responds to concerns regarding child abuse and neglect, child protective services, and issues relevant to individual child welfare cases. |
With the concurrence of the Governor, the Director of Human Services shall appoint the Children's Advocate. The Children's Advocate shall be a person who has background and experience in: law enforcement with particular emphasis on crimes involving child victims; or social work with particular emphasis on child abuse. |
The Children's Advocate educates the public; receives and reviews complaints; maintains confidentiality. |
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RHODE ISLAND R.I. Gen. Laws § 42-73-1 et seq. |
Rhode Island Office of the Child Advocate | The Office of the Child Advocate (OCA) is an independent and autonomous state agency responsible for protecting the legal rights and interests of children in state care. |
The Child Advocate is appointed by the Governor, with the advice and consent of the Senate. The Advocate shall have a term of five years. The Child Advocate shall be a member of the Rhode Island Bar for at least three years and must be qualified by training and experience to perform the duties of the office. |
The Child Advocate provides an annual report to the Governor and Legislature; insures all children in the child welfare system are appraised of their rights; reviews procedures; reviews complaints; provides training; has access to confidential information; has the power to subpoena; commences civil action against the state on behalf of a child; maintains confidentiality. |
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SOUTH CAROLINA S.C. Code of Laws Ann. Sections 63-11-2210, et.seq. |
The South Carolina State Child Advocate and Dept of Children's Advocacy |
The Dept of Children's Advocacy is an independent state agency. |
The Governor appoints the State Child Advocate from three candidates recommended by the Joint Citizens and Legislative Committee on Children and upon advice and consent of the Senate for a term of 6 years. The State Child Advocate must be selected without regard to political affiliation and on the basis of integrity for strong leadership and must possess at least a bachelor's degree and 10 years of experience regarding children's issues. |
The State Child Advocate receives and investigates complaints regarding nine child-serving agencies including Social Services, Mental Health, Juvenile Justice, Disabilities and Special Needs, Health and Human Services, Health and Environmental Control and three agency-schools; receives and investigates critical incident reports; maintains confidentiality; has access to confidential information; has the ability to subpoena; makes recommendations; publishes an annual report; educates the public; serves on the Child Fatality Advisory Committee. The State Child Advocate also serves as the Director of the Dept of Children's Advocacy which administers the Guardian ad Litem Program; Foster Care Review Board; and S.C. Continuum of Care. |
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TENNESSEE Tenn. Code Ann. § 37-3-101 et seq. |
Tennessee Commission on Children and Youth's (TCCY) Ombudsman Program |
The Ombudsman for Children Youth and Families is part of the Tennessee Commission of Children and Youth, an Independent and autonomous agency with statutory authority to review children in the foster care system, kinship care or CPS and make recommendations for improvement. | The Governor shall appoint one member of the 21- member commission to be chair of the TCCY for a term of three years. |
The TCCY shall make recommendations regarding the child welfare system; advocate; publish annual reports; review licensing standards; monitor foster care review boards. The Ombudsman takes referrals concerning the children in state custody; access records and persons; annual reports. |
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TEXAS Tex. Hum. Res. Code Ann. § 261.001 |
Independent Ombudsman |
The Ombudsman is independent of the Juvenile Justice Department, reports to the Governor and Legislature and is responsible for overseeing the rights of children committed to the Texas Juvenile Justice Department. |
The Ombudsman is appointed by the Governor with consent of the senate for a two year term and may serve up to three terms. |
The Ombudsman receives and reviews complaints; advocates for children in custody; provides quarterly reports; maintains confidentiality; provides public education and awareness; reviews facilities; has access to confidential information. |
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TEXAS Tex. Gov't Code § 531.008 |
Health and Humans Services Commission's Office of the Ombudsman | The Ombudsman is independent within the organization. | The Ombudsman provides dispute resolution services for the Commission and the health and human services agencies; performs consumer protection functions related to health and human services. | |
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UTAH Utah Code. Ann. 62A-4a-208 |
Utah Office of Child Protection Ombudsman | The Ombudsman was created as an independent office within the Department of Human Services, independent from the Division of Child and Family Services. |
The Ombudsman shall be appointed by and serve at the pleasure of the executive director. The Ombudsman shall have experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children. |
The Ombudsman receives and investigates complaints; makes recommendations; provides annual reports; has access to confidential information. |
| VIRGINIA | Office of Juvenile Justice's Ombudsman Program | The Ombudsman exists within the Office of the Inspector General with the authority to help protect the rights of committed youth. | The Ombudsman maintains a relationship with juvenile correction centers; investigates complaints; makes recommendations. | |
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WASHINGTON Wash. Rev. Code § 43.06A |
Washington State Office of the Family and Children's Ombudsman |
The Ombudsman is established within the Office of the Governor, reports directly to the Governor and acts independently from the Department of Social and Health Services. |
The Ombudsman is appointed by the Governor, with confirmation by the Senate, for a term of three years. |
The Ombudsman educates the public; receives and investigates complaints; monitors child welfare procedures; reports annually; Has access to confidential information; maintains confidentiality; makes child fatality review recommendations. |
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WEST VIRGINIA W. Va. Code §49-9-101 |
Foster Care Ombudsman | The Ombudsman exists within the West Virginia Department of Health and Human Resources, Office of the Inspector General and is independent of the Bureau for Children and Families. | The Office of the Inspector General shall employ an independent foster care ombudsman, with experience as a former foster parent or experience in the area of child welfare. | The Foster Care Ombudsman is an independent, impartial and confidential resource that advocates for the rights of foster children and foster/kinship parents, investigates and resolves complains and makes recommendations and proposals for systemic reform. |
| WYOMING | Wyoming Department of Family Services, Complaint Resolution/Ombudsman | The Office of the Inspector General shall employ an independent foster care ombudsman, with experience as a former foster parent or experience in the area of child welfare. |
[i] Jeffrey S. Lubbers, Ombudsman Offices in the Federal Government-An Emerging Trend? Administrative and Regulatory Law News, Vol. 22, No. 7 Summer 1997, available at: http://apps.americanbar.org/adminlaw/news/vol22no4/ombudsmn.html.
[ii] Id.
iii] United States Ombudsman Association, Governmental Ombudsman Standards, Oct. 2003, Available at: http://usoa.non-profitsites.biz/documents/PDF/References/USOA_STANDARDS.pdf.
[iv] Id.
[v] Moira Kathleen O'Neill, Pulling Back the Curtain: State Children's Ombudsmen at Work 107 (Jan. 2011), available at: http://www.americanbar.org/content/dam/aba/administrative/child_law/moira_oneill_dissertation_2011.authcheckdam.pdf.
[vi] Id. at 81.
[vii] Id.
[viii] Id.