BILL REQ. #:  S-1849.1 

READ FIRST TIME 02/28/05.   

     AN ACT Relating to duties of the family and children's ombudsman; and amending RCW 43.06A.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.06A.030 and 1996 c 131 s 4 are each amended to read as follows:
     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)(a) Investigate individual casework of randomly chosen caseload-carrying child protective services and child welfare services employees of the department of social and health services throughout the state. Casework reviewed must be from any currently open cases and cases closed within the last year.
     (i) Investigations must address employee compliance with the following: (A) Employee training; (B) department policies and procedures; (C) state and federal law; (D) safety and risk assessment; and (E) case investigation.
     (ii) Investigations must include caseload levels and access to clerical support.
     (b) Investigate supervisors of caseload-carrying child protective services and child welfare services employees of the department for compliance with: (i) Employee training requirements; (ii) department policies and procedures; (iii) state and federal law; (iv) critical thinking and clinical analysis; (v) availability to and communication with staff; and (vi) accountability;
     (6) Recommend changes in ((the)) agency policies or procedures for addressing the needs of families and children;
     (((6))) (7) Submit annually to the legislative children's oversight committee and to the governor by November 1 a report analyzing the work of the office including recommendations for changes in department policy, state law, or funding;
     (((7))) (8) Grant the legislative children's oversight committee access to all relevant records in the possession of the ombudsman unless prohibited by law; and
     (((8))) (9) Adopt rules necessary to implement this chapter.