Sec. X-1. 22 MRSA §4002, sub-§3-A, as enacted by PL 1987, c. 511, Pt. A, §2, is repealed.
Sec. X-2. 22 MRSA §4008, sub-§3, ¶D, as amended by PL 1987, c. 511, Pt. A, §3, is further amended to read:
D. An appropriate state executive or legislative official with responsibility for child protection services or the Child Welfare Services Ombudsman in carrying out his official functions, provided that no personally identifying information may be made available unless necessary to his that official's functions;
Sec. X-3. 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
OMBUDSMAN SERVICES
Sec. X-4. 22 MRSA §4087, as enacted by PL 1989, c. 400 , §§7 and 14, is repealed.
Sec. X-5. 22 MRSA §4087-A is enacted to read:
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Ombudsman" means the director of the program and persons employed or volunteering to perform the work of the program.
B. "Program" means the ombudsman program established under this section.
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 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 must be staffed, under contract, by an attorney or a master's level social worker who must have experience in child development and advocacy, and support staff as determined to be necessary. The program shall function through the staff of the program and volunteers recruited and trained to assist in the duties of the program.
3. Contracted services. The program shall operate by contract with a nonprofit organization that the Executive Department determines to be free of potential conflict of interest and best able to provide the services on a statewide basis. 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.
4. Services. The program shall provide services directly or under contract and may set priorities for service among the types of inquiries and complaints. The program may:
A. Provide information to the public about the services of the program through a comprehensive outreach program. The ombudsman shall pro-vide 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, 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 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.
5. Access to persons, files and records. As necessary for the duties of the program, the ombudsman has access to the files and records of the department, without fee, and to the personnel of the department for the purposes of investigation of an inquiry or complaint. The ombudsman may also enter the premises of the department for the purposes of investigation of an inquiry or complaint without prior notice. The program shall maintain the confidentiality of all information or records obtained under this subsection.
6. Confidentiality of records. Information or records maintained by the program 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 program are not public records as defined in Title 1, chapter 13.
7. Liability. Any person who in good faith submits a complaint or inquiry to the program pursuant to this section is immune from any civil or criminal liability. 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 and employees and volunteers in the program are employees of the State for the purposes of the Maine Tort Claims Act.
8. Penalties. A person who intentionally obstructs or hinders the lawful performance of the ombudsman's duties commits a Class E crime. A 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.
9. Information. Beginning January 1, 2002, information about the services of the program and any applicable grievance and appeal procedures must be given to all children and families receiving child welfare services from the department and from all persons and entities contracting with the department for the provision of child welfare services.
10. Report. The program shall report to the Governor, the department and the Legislature before January 1st each year on the activities and services of the program, priorities among types of inquiries and complaints that may have been set by the program, waiting lists for services, the provision of outreach services and recommendations for changes in policy, rule or law to improve the provision of services.
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.
Sec. X-6. Report. By January 31, 2003, the director of the ombudsman program within the Executive Department, established in the Maine Revised Statutes, Title 22, section 4087-A, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the feasibility of and any action required for transferring authority for child ombudsman and advocacy services and programs and the funding associated with those services and programs on July 1, 2003. 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; the Disability Rights Center; and such other agencies as the director determines to be appropriate. The joint standing committee of the Legislature having jurisdiction over health and human services matters may submit legislation to the 121st Legislature to transfer authority over child ombudsman and advocacy services and programs and the funding associated with those services and programs to the ombudsman program.
Sec. X-7. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
2001-02 2002-03
HUMAN SERVICES, DEPARTMENT OF
Bureau of Child and Family Services - Regional
Positions - Legislative Count (21.000) (21.000)
Personal Services $751,079 $1,051,510
All Other 141,750 196,560
____________ ____________
TOTAL 892,829 1,248,070
Provides funds for 18 Human Services Caseworker positions and 3 Human Services Caseworker Supervisor positions and related operating costs to accomplish 100% compliance with safety and well-being reviews. This initiative will increase General Fund undedicated revenue by $690,058 in fiscal year 2001-02 and $956,886 in fiscal year 2002-03.
Bureau of Child and Family Services - Regional
All Other 95,040 98,842
Provides funds to cover increased utilization of cell phones by Human Services Caseworkers.
Bureau of Child and Family Services - Regional
All Other 82,500 85,800
Provides funds for travel due to increased site visits by Human Services Caseworkers and the placement of children.
Bureau of Child and Family Services - Regional
Positions (3.000) (3.000)
Personal Services 169,627 237,477
All Other 20,250 28,080
____________ ____________
TOTAL 189,877 265,557
Provides funds for the establishment of one Division Director position and 2 Program Administrators - Child Protective positions and related operating costs to provide program oversight, policy development, contract monitoring and foster care recruitment.
Temporary Assistance for Needy Families
All Other (676,188) (875,198)
Provides for the deappropriation of funds in the Temporary Assistance for Needy Families account based on availability of one-time TANF Child Support Collection funds, which will be allocated in the Other Special Revenue account.
DEPARTMENT OF HUMAN SERVICES ____________ ____________
TOTAL 584,058 823,071
EXECUTIVE DEPARTMENT
Ombudsman Program
All Other 106,000 133,815
Provides funds to contract with a nonprofit organization to operate an ombudsman program. Funding is included for one Ombudsman position and one support staff position, operating costs and one-time start-up costs.
TOTAL ____________ ____________
APPROPRIATIONS $690,058 $956,886
Sec. X-8. Allocation. The following funds are allocated from the Federal Expenditures Fund to carry out the purposes of this Part.
2001-02
HUMAN SERVICES, DEPARTMENT OF
Bureau of Child and Family Services - Central
All Other $37,500
Allocates funds for the replacement of 25 laptop computers to increase staff efficiency in the field.
Sec. X-9. Allocation. The following funds are allocated from the Other Special Revenue funds to carry out the purposes of this Part.
2001-02 2002-03
HUMAN SERVICES, DEPARTMENT OF
Bureau of Child and Family Services - Central
All Other $37,500
Allocates funds for the replacement of 25 laptop computers to increase staff efficiency in the field.
Temporary Assistance for Needy Families
All Other 676,188 875,198
Allocates funds based on the availability of one-time earned TANF Child Support Collection revenues.
DEPARTMENT OF HUMAN SERVICES ____________ ____________
TOTAL $713,688 $875,198
Sec. X-10. Transfer. Notwithstanding any other provision of law, the State Controller shall transfer $4,043,531 in fiscal year 2001-02 from the Department of Human Services, Child Support Collections, Other Special Revenue account, representing a portion of the State's share of Child Support collections earned but not transferred to the Temporary Assistance for Needy Families Other Special Revenue account.
Sec. X-11. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
2001-02
HUMAN SERVICES, DEPARTMENT OF
Temporary Assistance for Needy Families
All Other ($4,043,531)
Deappropriates funds due to an increase in Other Special Revenue funds based on the State's share of one-time child support collections earned and transferred to the Temporary Assistance for Needy Families program.
Sec. X-12. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Part.
2001-02
HUMAN SERVICES, DEPARTMENT OF
Temporary Assistance for Needy Families
All Other $4,043,531
Allocates funds based on the State's share of one-time child support collections earned and transferred to the Temporary Assistance for Needy Families program.
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