[atlas:bill]

AN ACT Relating to the office of the family and children's ombudsman; amending RCW 43.06A.030 and 43.06A.100; and making an appropriation.

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~~)) Monitor the procedures as established, implemented, and practiced by state agencies to protect children's health and safety in state-operated institutions and facilities, and in facilities and residences certified and licensed by the state, including licensed child-care facilities and 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.

Sec. 2. RCW 43.06A.100 and 1999 c 390 s 5 are each amended to read as follows:

The department of social and health services shall:

(1) Allow the ombudsman or the ombudsman's designee to communicate privately with any child in the custody of the department for the purposes of carrying out its duties under this chapter;

(2) Permit the ombudsman or the ombudsman's designee physical access to state institutions serving children, and state licensed facilities or residences for the purpose of carrying out its duties under this chapter;

(3) Upon the ombudsman's request, grant the ombudsman or the ombudsman's designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsman considers necessary in an investigation; ((~~and~~))

(4) Grant the office of the family and children's ombudsman unrestricted on-line access to the case and management information system (CAMIS) for the purpose of carrying out its duties under this chapter; and

(5) Post in every children's administration office and in each institution and facility that serves children and is operated, certified, or licensed by the department a notice providing the ombudsman's toll-free number and a brief description of the services provided by the ombudsman. The notice shall be posted in a conspicuous location. The form of notice must be approved by the ombudsman. This information must also be distributed to foster parents and to children age twelve or older in the custody of the department upon entering an institution operated by the department, or a facility or residence licensed by the department.

NEW SECTION. Sec. 3. The sum of one hundred seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the office of the family and children's ombudsman for the fiscal year ending June 30, 2002, to carry out section 1 of this act. The ombudsman shall also develop and provide the legislature with an implementation plan by December 15, 2001.