H-2338              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 810

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Meyers, Winsley, K. Wilson, Hargrove, Leonard, Padden, Lewis, Moyer, Scott, Brekke, Crane, Dellwo, May, P. King, Rasmussen, Rayburn, Todd and Miller)

Read first time 3/6/87 and passed to Committee on Rules.

AN ACT Relating to a child welfare ombudsman program; and adding a new chapter to Title 74 RCW.

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

NEW SECTION. Sec. 1.     There is created within the office of the governor the office of the state child welfare ombudsman.  The governor shall place the office in an area which will enable the office to fully carry out the duties assigned under this chapter.  The governor shall ensure that all program and staff assistance necessary to enable the ombudsman to effectively carry out those duties are made available to the ombudsman.  It is the intent of the legislature that this chapter be administered without additional funding or staff.

NEW SECTION. Sec. 2.     The state ombudsman shall have the following powers and duties:

          (1) To serve as an information resource for parents and/or legal custodians of children concerning the content and  application of chapters 26.44, 13.32A, and 13.34 RCW.

          (2) To investigate and resolve complaints made by or on behalf of parents or legal guardians concerning the activities of department caseworkers under chapters 26.44, 13.32A, and 13.34 RCW.

          (3) To work with interested groups and individuals including but not limited to parents, court personnel, medias, department personnel, law enforcement, and school personnel, to provide accurate information on Washington state child welfare laws and the juvenile code.

          (4) To file a report no later than January 1 of each year assessing the degree of compliance of those charged with responsibilities under the state child welfare laws and juvenile code to carry out those responsibilities, detailing instances where misinformation regarding those laws has been given to parents or children by those charged with carrying out the law, and recommending ways in which uniform state-wide enforcement of the laws may be achieved.

          (5) To provide for training volunteers including such advisory committees as may be developed and promoting the development of citizen organizations to participate in the ombudsman program.  Volunteers shall not be used for complaint investigation or problem resolution activities authorized in subsection (2) of this section.

          (6) To carry out such other activities as the governor deems appropriate to the ombudsman role.

NEW SECTION. Sec. 3.     (1) No ombudsman is liable for good faith performance of responsibilities under this chapter.

          (2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of the office or an agency, or any volunteer, for any communication made, or information given or disclosed, to aid the ombudsman in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith.  This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

          (3) All communications by an ombudsman, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander.

          (4) A representative of the office is exempt from being required to testify in court as to any confidential matters except as the court may deem necessary to enforce this chapter.

NEW SECTION. Sec. 4.     All records and files of ombudsmen relating to any complaint or investigation made pursuant to carrying out their duties and the identities of complainants, witnesses, parents, or children shall remain confidential unless disclosure is authorized by the parent or legal guardian of the child.  No disclosures may be made outside the office without the consent of any named witnesses, parents, legal guardian of a child, or complainant unless the disclosure is made without the identity of any of these individuals being disclosed.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6.     Sections 1 through 4 of this act shall constitute a new chapter in Title 74 RCW.