HP1154, LD 1595, item 1, An Act To Enhance the Child Welfare Ombudsman Program

An Act To Enhance the Child Welfare Ombudsman Program

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §4087-A, sub-§2, as enacted by PL 2001, c. 439, Pt. X, §5 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

2. Program established. The ombudsman program is established as an independent program within the Executive Department to provide ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Health and Human Services. The program shall consider and promote the best interests of the child involved, answer inquiries and investigate, advise and work toward resolution of complaints of infringement of the rights of the child and family involved. The program shall provide oversight of child welfare practice and policy to ensure the rights and safety of children and their families. The program must be staffed , under contract, by a full-time ombudsman and 2 full-time associate ombudsmen, which positions must be filled by an attorney or a master's level social worker who must have experience in with experience in child welfare and child development and advocacy , and support staff as determined to be necessary . The program must be supported by a full-time administrative assistant. The program shall function through the staff of the program and volunteers recruited and trained to assist in the duties of the program. Office space must be included in funds budgeted to the program.

Sec. 2. 22 MRSA §4087-A, sub-§3, as enacted by PL 2001, c. 439, Pt. X, §5, is amended to read:

3. Appointment. The program shall operate by contract with as a nonprofit organization that the Executive Department determines to be is free of potential conflict of interest and best able to provide the investigative, oversight and advocacy services on a statewide basis. The Governor shall appoint the ombudsman, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and to confirmation by the Legislature. The ombudsman serves a 7-year term of office. The program functions with a nonprofit structure. The ombudsman shall submit the ombudsman's budget recommendations, using a format prescribed by the State Budget Officer, as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. Funds appropriated or allocated to the program must be expended at the discretion of the ombudsman. Full-time employees of the program must have access to health insurance benefits provided to state employees, including health insurance benefits for family members, and retirement benefits provided to state employees. The ombudsman and staff are not considered state employees, but employees of the nonprofit organization. The ombudsman may not be actively involved in state-level political party activities or publicly endorse, solicit funds for or make contributions to political parties on the state level or candidates for statewide elective office. The ombudsman may not be a candidate for or hold any statewide elective or appointive public office.

Sec. 3. 22 MRSA §4087-A, sub-§4, as amended by PL 2005, c. 410, §1, is further amended to read:

4. Services. The program shall provide services directly or under contract to individuals and families and may provide systemwide comment to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters. The first priority in the work of the program and any contract for ombudsman services must be case-specific advocacy services. In performing services under this section, the program, as it determines to be appropriate, may create and maintain records and case-specific reports. Any work on systems improvements or lobbying must be adjunctive to case-specific activities The program may provide relevant oversight of child welfare services as the ombudsman considers important to the rights and safety of children and families. The program may:

A. Provide information to the public about the services of the program through a comprehensive outreach program. The ombudsman shall provide information through a toll-free telephone number or numbers;

B. Answer inquiries, investigate and work toward resolution of complaints regarding the performance and services of the department and participate in conferences , or meetings and studies that may improve the performance of the department;

C. Provide services to persons to assist them in protecting their rights;

D. Inform persons of the means of obtaining services from the department;

E. Provide information and referral services;

F. Analyze and provide opinions and recommendations to agencies, the Governor and the Legislature on current or proposed state programs, rules, policies and laws;

G. Determine what types of complaints and inquiries will be accepted for action by the program and adopt policies and procedures regarding communication with persons making inquiries or complaints and the department;

H. Apply for and utilize grants, gifts and funds for the purpose of performing the duties of the program; and

I. Collect and analyze records and data relevant to the duties and activities of the program and make reports as required by law or determined to be appropriate.

The department or designee of the department shall inform the ombudsman of any statewide policy or practice changes in child welfare before these changes take effect. The ombudsman must be allowed to participate in any department trainings, studies or policy development activities at the ombudsman's request.

The ombudsman must have input into training initiatives for personnel in and outside of the department, including mandated reporter training. The ombudsman must be available to provide information about child welfare issues on a statewide basis to individuals and entities outside the department.

Sec. 4. 22 MRSA §4087-A, sub-§6, as repealed and replaced by PL 2005, c. 410, §2, is amended to read:

6. Confidentiality of records. Information held by or records or case-specific reports maintained by the program are confidential. Disclosure may be made as allowed or required in accordance with the provisions of section 4008, subsections 2 and 3. The ombudsman may disclose confidential information, records or case-specific reports to a joint standing committee, joint select committee or oversight committee of the Legislature meeting in executive session. Unlawful dissemination is subject to the provisions of section 4008, subsection 4. Except as provided in this subsection, ombudsman communications with the department are not confidential and are a matter of public record.

Sec. 5. 22 MRSA §4087-A, sub-§11, as enacted by PL 2001, c. 439, Pt. X, §5, is amended to read:

11. Oversight. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall review the operations of the program and may make recommendations to the Governor regarding the contract for services under this section. The committee may submit legislation that it determines necessary to amend or repeal this section.

summary

This bill makes the following changes to the laws governing the ombudsman program that provides ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Health and Human Services.

1. It provides that the program is an independent program operated as a nonprofit organization to provide investigative, oversight and advocacy services on a statewide basis.

2. It requires the program to provide oversight of child welfare practice and policy to ensure the rights and safety of children and their families.

3. It specifies staffing for the program.

4. It provides that the Governor appoints the ombudsman, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and to confirmation by the Legislature.

5. It provides that the ombudsman serves a 7-year term of office.

6. It requires the ombudsman to submit the ombudsman's budget recommendations, using a format prescribed by the State Budget Officer, as part of the unified current services budget legislation.

7. It provides full-time program employees access to health insurance benefits provided to state employees and retirement benefits provided to state employees.

8. It requires the program to provide services directly to individuals and families and authorizes the program to provide systemwide comment to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters.

9. It requires the department to inform the ombudsman of any statewide policy or practice changes in child welfare before they take effect.

10. It allows the ombudsman to participate in trainings, studies or policy development activities conducted by the department.

11. It requires the ombudsman to be available to provide information about child welfare issues on a statewide basis to individuals and entities outside the department.

12. It authorizes the ombudsman to disclose confidential information, records or case-specific reports to a joint standing committee, joint select committee or oversight committee of the Legislature meeting in executive session.

HP1154 LD 1595	Session - 129th Maine Legislature		LR 1157 Item 1
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