4.__Services.__The ombudsman shall provide services directly or under contract and may set priorities for service among the types of inquiries and complaints.__The ombudsman may:

A.__Provide information to the public about the services of the office through a comprehensive outreach program and a toll-free telephone number;

B.__Answer inquiries and investigate and work toward resolution of complaints regarding the performance and services of agencies with regard to services to children and participate in conferences, meetings and studies that may improve the performance of agencies;

C.__Provide services to persons to assist in protecting the rights of children and families;

D.__Inform persons of the means of obtaining services from agencies;

E.__Consider and promote the interests of children and families, including participating in mediation and representation of families in legal actions;

F.__Provide information and referral services for children and families;

G. Provide training and technical assistance to guardians ad litem, special advocates and others interested in the rights of children and families;

H.__Analyze and provide opinions and recommendations to agencies, the Governor and the Legislature on programs, rules, policies and laws regarding children and families;

I.__ Determine what types of complaints and inquiries will be accepted for action by the office and adopt policies and procedures regarding communication with persons making inquiries or complaints and agencies about which inquiries or complaints are made;

J.__Apply for and utilize grants, gifts and funds for the purpose of performing the duties of the office; and

K.__Collect and analyze records and data relevant to the duties and activities of the office and make reports as required by law or determined by the office to be appropriate.

5.__Access to persons, files and records.__The ombudsman may have access to the child who is the subject of an inquiry or complaint if the parents or legal guardian consents; to agency files and records, without fee; and to the personnel of an agency for the purposes of investigation of the inquiry or complaint. The ombudsman may also enter the premises of an agency for the purposes of investigation of the inquiry or complaint without prior notice.__The ombudsman shall maintain the confidentiality of all information or records obtained under this subsection.

6.__Confidentiality of records.__Information or records maintained by the ombudsman relating to a complaint or inquiry are confidential and may not be disclosed unless the disclosure is permitted by law and consented to by the ombudsman or ordered by court.__Records maintained by the ombudsman are not public records as defined in Title 1, chapter 13.

7.__Immunity.__Any person who in good faith submits a complaint or inquiry to the office pursuant to this section or in good faith investigates that complaint or inquiry as an ombudsman 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.__The ombudsman is not immune from liability for acts of gross negligence or intentional wrongful acts or omissions.

8.__Report.__The ombudsman shall report to the Governor, the department, the Department of Education, the Department of Corrections, the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Legislature by January 1st each year on the activities and services of the office, priorities among types of inquiries and complaints that may have been established by the office, waiting lists for services and recommendations for changes in policy, rule or law to improve the provision of services to children and families.

9.__Oversight.__The joint standing committee of the Legislature having jurisdiction over health and human services matters shall review the operations of the office and may make recommendations to the commissioner regarding the contract for services under this section.__The committee may submit legislation to amend or repeal this section.

10.__Penalties.__Any person who willfully obstructs or hinders the lawful exercise of the ombudsman in the performance of the ombudsman's duties commits a Class E crime.__Any person who penalizes or imposes a restriction on a person who makes a complaint or inquiry to the ombudsman as a result of that complaint or inquiry commits a Class E crime.__The Attorney General shall enforce this subsection under Title 5, section 191.

Sec. 4. 22 MRSA §4089, sub-§1, ķE, as enacted by PL 1989, c. 819, §6, is amended to read:

E. The child welfare services ombudsman, appointed in accordance with section 4087, director of the Child Ombudsman Office established in section 4087-A shall serve as a permanent member.

Sec. 5. Report. By January 31, 2002, the director of the Child Ombudsman Office established in the Maine Revised Statutes, Title 22, section 4087-A shall report to the Joint Standing Committee on Health and Human Services on the feasibility of and any action required to transfer authority for child ombudsman and advocacy services and programs and the funding associated with those services and programs on July 1, 2002. In compiling this report, the director shall consider the services provided directly or indirectly by the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Department of Corrections, Office of Advocacy; the Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Advocacy and Consumer Affairs; the Department of Education; the Department of Human Services; the Department of Corrections; the Department of Human Services, Bureau of Elder and Adult Services, Disability Rights Center; and such other agencies as the director determines to be appropriate. The Joint Standing Committee on Health and Human Services may submit legislation to the 120th Legislature to transfer authority over child ombudsman programs and services and the funding associated with those services and programs to the Child Ombudsman Office.

Sec. 6. Effective date. This Act takes effect January 1, 2002.

SUMMARY

1. The bill repeals the statute that establishes the unfunded Office of Child Welfare Services Ombudsman within the Department of Human Services.

2. The bill establishes the Child Ombudsman Office to provide ombudsman services to children and families through a contract with a nonprofit organization that the Governor finds to be free of potential conflict of interest and best able to provide services on a statewide basis. The office may answer inquiries and investigate and work toward resolution of complaints regarding services and programs for children and families, may provide information, assistance and legal representation services, may provide an outreach program, may collect and analyze information and shall report to the Joint Standing Committee on Health and Human Services.

3. The bill provides for access to records, confidentiality of those records and immunity from civil and criminal liability.

4. The bill requires a report by January 31, 2002 on transferring to the Child Ombudsman Office authority for other child ombudsman and advocacy programs and services and the funding associated with those programs and services. It allows the Joint Standing Committee on Health and Human Services to submit legislation to the 120th Legislature transferring funding and authority for services to the Child Ombudsman Office.

5. The bill also provides criminal penalties for willfully obstructing or hindering the ombudsman.

6. The bill provides an effective date of January 1, 2002.