In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of foster youth and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply:

(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.

(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.

(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the State Foster Care Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.

(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the agency director or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.

(Added by Stats. 2021, Ch. 293, Sec. 6. (AB 317) Effective January 1, 2022.)