Sec. 1. 22 MRSA c. 1071, sub-c. X-A is amended by repealing the subchapter headnote and enacting the following in its place:

SUBCHAPTER X-A

CHILD OMBUDSMAN OFFICE

Sec. 2. 22 MRSA §4087, as enacted by PL 1989, c. 400, §§7 and 14, is repealed.

Sec. 3. 22 MRSA §4087-A is enacted to read:

§4087-A.__Child Ombudsman Office

1.__Office established.__The Child Ombudsman Office is established as an independent office within the Department of Human Services to provide ombudsman services to the people of the State regarding all matters in which a child is receiving or requesting services from a state agency.__The office shall consider and promote the best interests of children and their families, answer inquiries and investigate, provide advice regarding and work toward resolution of complaints against state agencies that may be infringing on the rights of individuals.

2.__Definitions.__As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Agency" means a department or agency of the State, a person or entity providing services under a contract with a state department or agency, or a school administrative unit.__ "Agency" does not include private individuals, companies or organizations; federal, county or municipal governments; institutions of higher education; elected officials or representatives; or the Judicial Department.

B. "Office" means the Child Ombudsman Office established under this section.

C.__"Ombudsman" means the director of the office and persons employed or volunteering to perform the work of the office.

3.__Contracted services.__The office must operate by contract with a nonprofit organization that the Governor finds to be free of potential conflict of interest and best able to provide the services under subsection 4 on a statewide basis.__The ombudsman may not be actively involved in political party activities or publicly endorse, solicit funds for or make