| (1) |
As used in this section:
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Terms Used In Utah Code 80-2-1104- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
- Dependent: A person dependent for support upon another.
- Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means :Utah Code 68-3-12.5
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
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| (a) |
“Complainant” means a person who initiates a complaint with the ombudsman. |
| (b) |
“Complaint” means a complaint regarding an act or omission by the division with respect to a particular child. |
| (c) |
“Ombudsman” means the child protection ombudsman appointed under this section. |
| (2) |
| (a) |
There is created within the department the position of child protection ombudsman. |
| (b) |
The executive director of the department shall:
| (i) |
appoint an ombudsman who has:
| (A) |
recognized executive and administrative capacity; and |
| (B) |
experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children; and |
|
| (ii) |
select the ombudsman solely with regard to qualifications and fitness to discharge the duties of the ombudsman. |
|
| (c) |
The ombudsman shall:
| (i) |
serve at the pleasure of the executive director of the department; and |
| (ii) |
devote full-time to the duties described in this section. |
|
|
| (3) |
The ombudsman shall:
| (a) |
unless the ombudsman decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child:
| (i) |
is contrary to statute, rule, or policy; |
| (ii) |
places a child’s health or safety at risk; |
| (iii) |
is made without an adequate statement of reason; or |
| (iv) |
is based on irrelevant, immaterial, or erroneous grounds; |
|
| (b) |
notify the complainant and the division of:
| (i) |
the ombudsman’s decision to investigate or not investigate the complaint; and |
| (ii) |
if the ombudsman decides not to investigate the complaint, the reason for the decision; |
|
| (c) |
if the ombudsman finds that a person’s act or omission violates state or federal criminal law, immediately report the finding to the appropriate county or district attorney or to the attorney general; |
| (d) |
immediately notify the division if the ombudsman finds that a child needs protective custody; |
| (e) |
prepare a written report of the findings and recommendations, if any, of each investigation; |
| (f) |
make recommendations to the division if the ombudsman finds that:
| (i) |
a matter should be further considered by the division; |
| (ii) |
an administrative act should be addressed, modified, or canceled; |
| (iii) |
action should be taken by the division with regard to one of the division’s employees; or |
| (iv) |
any other action should be taken by the division; |
|
| (g) |
subject to Subsection (3), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern the following:
| (i) |
receiving and processing a complaint; |
| (ii) |
notifying a complainant and the division regarding a decision to investigate or to decline to investigate a complaint; |
| (iii) |
prioritizing workload; |
| (iv) |
maximum time within which an investigation is required to be completed; |
| (v) |
conducting an investigation; |
| (vi) |
notifying a complainant and the division regarding the results of an investigation; and |
| (vii) |
making recommendations based on the findings and results of investigations; |
|
| (h) |
within appropriations from the Legislature, employ staff as may be necessary to carry out the ombudsman’s duties under this section; |
| (i) |
provide information regarding the role, duties, and functions of the ombudsman to public agencies, private entities, and individuals; |
| (j) |
provide an annual report regarding the ombudsman’s duties and recommendations for improvements to the child welfare system to:
| (i) |
the Child Welfare Legislative Oversight Panel; |
| (iv) |
the executive director of the department; and |
|
| (k) |
as appropriate, make recommendations to the division regarding individual child welfare cases, and the rules, policies, and operations of the division. |
|
| (4) |
| (a) |
The ombudsman may:
| (i) |
decline to investigate a complaint or continue an investigation of a complaint; |
| (ii) |
conduct an investigation on the ombudsman’s own initiative; |
| (iii) |
conduct further investigation upon the request of the complainant or upon the ombudsman’s own initiative; and |
| (iv) |
advise a complainant to pursue administrative remedies or channels of a complaint before pursuing a complaint with the ombudsman. |
|
| (b) |
Subsection (4)(a)(iv) does not prevent a complainant from making a complaint directly to the ombudsman before pursuing an administrative remedy. |
|
| (5) |
| (b) |
The ombudsman shall have access to all of the department’s written and electronic records and databases, including those regarding individual child welfare cases. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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