AN ACT Relating to establishing an office of children's services ombuds; adding new sections to chapter 43.09 RCW; creating a new section; repealing RCW 26.44.070; and making an appropriation.

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

NEW SECTION. Sec. 1. (1) The legislature finds that, despite the best efforts and intentions of the department of social and health services, some families in Washington state have unresolved disputes with the department relating to actions taken by the division of children and family services, and that there is no independent and nonadversarial process in place to resolve these disputes. The legislature further finds that the availability of an independent and nonadversarial process for complaint investigation and dispute resolution can further the goal of maintaining children in safe and healthy families.

(2) It is the purpose of this act to establish a procedure that is responsive to the needs of families in Washington state who are the subject of actions taken by the department of social and health services pursuant to chapters 74.14A, 26.44, and 13.34 RCW, that benefits children, their families, and the department by providing an independent and nonadversarial mechanism to resolve disputes.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout sections 2 through 9 of this act.

(1) "Department" means the division of children and family services in the department of social and health services.

(2) "Administrative act" means any action, omission, decision, recommendation, practice, or procedure of the department relating to its activities according to chapters 74.14A, 26.44, and 13.34 RCW, but does not include the preparation, presentation, or introduction of legislation.

NEW SECTION. Sec. 3. (1) There is established in the office of the state auditor the office of the children's services ombuds.

(2) The state auditor shall appoint the children's services ombuds, who shall be a person having training or experience in the provision or administration of services to children and families, and in complaint investigation or nonadversarial dispute resolution mechanisms. The ombuds shall not be removed from his or her office unless good cause for removal is shown.

NEW SECTION. Sec. 4. (1) The children's services ombuds shall investigate any complaint from any citizen relating to administrative acts by the department, regardless of whether the administrative act is final, when the complaint indicates that:

(a) The administrative act was not in accordance with legislative declarations relating to children and family services in RCW 74.14A.010, 26.44.010, and 13.34.020;

(b) The administrative act was not in accordance with the requirements of chapter 74.14A, 26.44, or 13.34 RCW; or

(c) The administrative act may have been unreasonable, unfair, oppressive, or discriminatory, although in accordance with the legislative declarations of RCW 74.14A.010, 26.44.010, 13.34.020, and the requirements of chapters 74.14A, 26.44, and 13.34 RCW.

Priority shall be given to complaints regarding decisions of the department to place a child in an out-of-home placement or maintain a child in the family home where allegations of abuse or neglect have been made.

(2) The office of the children's services ombuds shall maintain an accessible toll-free telephone line to receive complaints from throughout Washington regarding administrative acts of the department.

(3) The children's services ombuds shall act independently of the department in the performance of his or her duties.

NEW SECTION. Sec. 5. The children's services ombuds shall determine whether a complaint is or is not an appropriate subject for investigation under section 4 of this act, and shall inform the complainant of that decision, stating his or her reasons. If the ombuds decides that a complaint is an appropriate subject for investigation under section 4 of this act, he or she shall notify the department of his or her decision.

NEW SECTION. Sec. 6. In carrying out investigative or dispute resolution activities under sections 2 through 8 and 12 of this act, the children's services ombuds shall have the right:

(1) To communicate privately by mail or orally with a child or parent who is the subject of investigative or dispute resolution activities by the ombuds; and

(2) To have access, including the right to inspect, copy, and/or subpoena records held by the department, facilities where a child has been placed for care or treatment, the clerk of a superior court of the state of Washington, or law enforcement agencies.

NEW SECTION. Sec. 7. If after investigation, the children's services ombuds finds that:

(1) A complaint should be further considered by the department;

(2) An administrative act should be modified or canceled; or

(3) Reasons or more complete reasons should be given for an administrative act;

!ixThe ombuds shall prepare recommendations and may request that the department notify him or her, within a specified time, of the action taken on his or her recommendations or may provide services to assist the complainant and the department in resolving the dispute that led to the complaint, provided that the complainant requests such services.

NEW SECTION. Sec. 8. After a reasonable time has elapsed, the children's services ombuds shall notify the complainant of any action taken by the ombuds and by the department as a result of the investigation.

NEW SECTION. Sec. 9. (1) The children's services ombuds shall maintain records indicating the final disposition of any complaint forwarded to the department.

(2) All records of the children's services ombuds pertaining to investigative or dispute resolution activities undertaken by the ombuds shall be confidential. Information contained in those records may not be disclosed publicly in a manner that may identify individuals. However, records shall be available to persons approved by a superior court of the state of Washington upon application for good cause.

NEW SECTION. Sec. 10. Section 6, chapter 35, Laws of 1969 ex. sess., section 1, chapter 46, Laws of 1972 ex. sess., section 7, chapter 217, Laws of 1975 1st ex. sess., section 29, chapter 80, Laws of 1977 ex. sess., section 4, chapter 164, Laws of 1981, section 6, chapter 97, Laws of 1984, section 3, chapter 269, Laws of 1986, section 6, chapter 206, Laws of 1987, section 12, chapter 524, Laws of 1987 and RCW 26.44.070.

NEW SECTION. Sec. 11. Sections 2 through 9 of this act are each added to chapter 43.09 RCW.

NEW SECTION. Sec. 12. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated from the general fund to the office of the state auditor for the biennium ending June 30, 1991, to carry out the purposes of this act.

NEW SECTION. Sec. 13. 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.