AN ACT Relating to
establishing the office of the child, youth, and family ombudsman; creating new
sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. (1) There is created the
legislative children's oversight committee for the purpose of monitoring and
ensuring compliance with administrative acts, relevant statutes, rules, and
policies pertaining to family and children services and the placement, supervision,
and treatment of children in the state's care or in state-licensed facilities
or residences. The committee shall consist of three senators and three
representatives from the legislature. The senate members of the committee
shall be appointed by the president of the senate. The house members of the
committee shall be appointed by the speaker of the house. Not more than two
members from each chamber shall be from the same political party. Members
shall be appointed before the close of each regular session of the legislature
during an odd-numbered year.
(2) The committee shall
have the following powers:
(a) Selection of its
officers and adopt rules for orderly procedure;
(b) Request
investigations by the ombudsman of administrative acts;
(c) Receive reports of
the ombudsman;
(d)(i) Obtain access to
all relevant records in the possession of the ombudsman, except as prohibited
by law; and (ii) make recommendations to all branches of government;
(e) Request
legislation;
(f) Conduct hearings
into such matters as it deems necessary.
(3) Upon receipt of
records from the ombudsman, the committee is subject to the same
confidentiality restrictions as the ombudsman under section 6 of this act.
NEW SECTION. Sec.
2. There is hereby created
an office of the family and children's ombudsman within the office of the
governor for the purpose of promoting public awareness and understanding of
family and children services, identifying system issues and responses for the
governor and the legislature to act upon, and monitoring and ensuring
compliance with administrative acts, relevant statutes, rules, and policies
pertaining to family and children's services and the placement, supervision,
and treatment of children in the state's care or in state-licensed facilities
or residences. The ombudsman shall report directly to the governor and shall
exercise his or her powers and duties independently of the secretary.
NEW SECTION. Sec.
3. (1) The governor shall
appoint an ombudsman who shall be a person of recognized judgment,
independence, objectivity, and integrity, and shall be qualified by training or
experience, or both, in family and children's services law and policy. Prior
to the appointment, the governor shall consult with, and may receive
recommendations from the committee, regarding the selection of the ombudsman.
(2) The person
appointed ombudsman shall hold office for a term of three years and shall
continue to hold office until reappointed or until his or her successor is
appointed. The governor may remove the ombudsman only for neglect of duty,
misconduct, or inability to perform duties. Any vacancy shall be filled by
similar appointment for the remainder of the unexpired term.
NEW SECTION. Sec.
4. The ombudsman shall
perform the following duties:
(1) Provide information
as appropriate on the rights and responsibilities of individuals receiving
family and children's services, and on the procedures for providing these
services;
(2) Investigate, upon
his or her own initiative or upon receipt of a complaint, an administrative act
alleged to be contrary to law, rule, or policy, imposed without an adequate
statement of reason, or based on irrelevant, immaterial, or erroneous grounds;
however, the ombudsman may decline to investigate any complaint as provided by
rules adopted under this chapter;
(3) Monitor the
procedures as established, implemented, and practiced by the department to
carry out its responsibilities in delivering family and children's services
with a view toward appropriate preservation of families and ensuring children’s
health and safety;
(4) Review periodically
the facilities and procedures of state institutions serving children, and
state-licensed facilities or residences;
(5) Recommend changes
in the procedures for addressing the needs of families and children;
(6) Submit annually to
the committee and to the governor by November 1 a report analyzing the work of
the office including recommendations;
(7) Grant the committee
access to all relevant records in the possession of the ombudsman unless
prohibited by law; and
(8) Adopt rules
necessary to implement this chapter.
NEW SECTION. Sec.
5. The office of family and
children's ombudsman shall be a juvenile justice or care agency for the
purposes of chapter 13.50 RCW.
NEW SECTION. Sec.
6. The ombudsman shall treat
all matters under investigation, including the identities of service
recipients, complainants, and individuals from whom information is acquired, as
confidential, except as far as disclosures may be necessary to enable the
ombudsman to perform the duties of the office and to support any recommendations
resulting from an investigation. Upon receipt of information that by law is
confidential or privileged, the ombudsman shall maintain the confidentiality of
such information and shall not further disclose or disseminate the information
except as provided by applicable state or federal law. Investigative records
of the office of the ombudsman are confidential and are exempt from public
disclosure under chapter 42.17 RCW.
NEW
SECTION. Sec. 7. Sections 1 through 3 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
