| | | G.__Provide a range of alternative dispute resolution | | methods to individuals, including the pursuit of legal | | remedies when appropriate; |
|
| | | H.__Advise, consult and assist the executive and legislative | | branches on activities of State Government relating to child | | welfare services and recommend improvements to the quality | | of child welfare services in State Government; and |
|
| | | I.__Make annual reports relating to the activities of the | | ombudsman program to the department and the joint standing | | committee of the Legislature having jurisdiction over human | | services. |
|
| | | 3.__Access to files and records.__The ombudsman program has | | access, limited only by the law, to the files, records and | | personnel of the department or any agency or entity administered, | | licensed or funded by the department for the purposes of | | investigation of an inquiry or complaint. The ombudsman may also | | enter the premises of the department or any agency or entity | | administered, licensed or funded by the department for the | | purposes of investigation of an inquiry or complaint. |
|
| | | 4.__Confidentiality of records.__Information or records | | maintained by the ombudsman program relating to a complaint or | | investigation may not be disclosed unless the ombudsman | | authorizes the disclosure and the disclosure is otherwise | | permitted pursuant to section 4008.__The ombudsman may not | | disclose the identity of any complainant unless the complainant | | or a legal representative of the complainant consents in writing | | to the disclosure or a court orders the disclosure. A complainant | | or a legal representative of the complainant, in providing the | | consent, may specify to whom the identity may be disclosed and | | for what purposes, in which event no other disclosure is | | authorized. |
|
| | | 5.__Immunity.__Any person that in good faith participates in | | the registering of a complaint with the ombudsman program | | pursuant to this section or in good faith investigates that | | complaint as an employee or volunteer of the ombudsman program is | | immune from any civil or criminal liability that otherwise might | | result from these actions. For the purpose of any civil or | | criminal proceedings, there is a rebuttable presumption that any | | person acting pursuant to this section did so in good faith. |
|
| | | Sec. 7. 22 MRSA §4089, sub-§1, ķE, as enacted by PL 1989, c. 819, §6, | | is amended to read: |
|
|