CHAPTER 19. DEPARTMENT OF CHILD SERVICES OMBUDSMAN
IC 4-13-19
Chapter 19. Department of Child Services Ombudsman
IC 4-13-19-1
"Child"
Sec. 1. As used in this chapter, "child" means a person who:
(1) is less than eighteen (18) years of age;
(2) is at least eighteen (18) years of age at the time a complaintis made but was less than eighteen (18) years of age at the timeof the alleged act or omission that is the subject of thecomplaint; or
(3) is at least eighteen (18) years of age but has been under thecontinuing jurisdiction of a juvenile court based upon aninformal adjustment, child in need of services action underIC 31-34, or termination of parental rights action underIC 31-35 since becoming eighteen (18) years of age.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-2
"Ombudsman"
Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve asombudsman; or
(2) an employee or other individual approved by the office ofthe department of child services ombudsman to act in thecapacity of ombudsman;
to receive, investigate, and resolve complaints that allege thedepartment of child services, by an action or omission, failed toprotect the physical or mental health or safety of any child or failedto follow specific laws, rules, or written policies.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-3
Establishment of office of department of child services ombudsman
Sec. 3. The office of department of child services ombudsman isestablished as a separate bureau within the department. Theombudsman appointed by the governor shall report directly to thecommissioner. The ombudsman appointed by the governor must bean attorney licensed to practice law in Indiana or a social workerwith at least a master's degree. The ombudsman appointed by thegovernor must have significant experience or education in childdevelopment and child advocacy, including at least two (2) yearsexperience working with child abuse and neglect.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-4
Appointment of ombudsman; authority to hire employees
Sec. 4. (a) The governor shall appoint the ombudsman. Theombudsman serves at the pleasure of the governor. An individualmay not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during thepreceding twelve (12) months. The governor shall appoint asuccessor ombudsman not later than thirty (30) days after a vacancyoccurs in the position of the ombudsman.
(b) The office of the department of child services ombudsmanmay employ technical experts and other employees to carry out thepurposes of this chapter. However, the office of the department ofchild services ombudsman may not hire an individual to serve as anombudsman if the individual has been employed by the departmentof child services during the preceding twelve (12) months.
(c) The ombudsman and any other person employed or authorizedby the ombudsman:
(1) are subject to the same criminal history and backgroundchecks, to be performed by the department of child services,that are required for department of child services family casemanagers; and
(2) are subject to the same disqualification for employmentcriteria as department of child services family case managers.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-5
Powers of ombudsman
Sec. 5. (a) The office of the department of child servicesombudsman may receive, investigate, and attempt to resolve acomplaint alleging that the department of child services, by an actionor omission occurring on or after January 11, 2005, failed to protectthe physical or mental health or safety of any child or failed to followspecific laws, rules, or written policies.
(b) The office of the department of child services ombudsmanmay also do the following:
(1) Take action, including the establishing of a program ofpublic education, to secure and ensure the legal rights ofchildren.
(2) Periodically review relevant policies and procedures with aview toward the safety and welfare of children.
(3) When appropriate, refer a person making a report of childabuse or neglect to the department of child services and, ifappropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reportsof abuse and neglect and overseeing the welfare of children whoare under the jurisdiction of a juvenile court.
(5) Make the public aware of the services of the ombudsman,the purpose of the office, and information concerningcontacting the office.
(6) Examine policies and procedures and evaluate theeffectiveness of the child protection system, specifically therespective roles of the department of child services, the court,the medical community, service providers, guardians ad litem,court appointed special advocates, and law enforcementagencies. (7) Review and make recommendations concerninginvestigative procedures and emergency responses contained inthe report prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child servicesombudsman, the local child protection team shall assist the office ofthe department of child services ombudsman by:
(1) investigating and making recommendations on a matter; or
(2) redacting or revising any report to be prepared for thecomplainant so that confidentiality laws are maintained.
If a local child protection team was involved in an initialinvestigation, a different local child protection team may assist in theinvestigation under this subsection.
(d) At the end of an investigation of a complaint, the office of thedepartment of child services ombudsman shall provide an appropriatereport as follows:
(1) If the complainant is a parent, guardian, custodian, courtappointed special advocate, guardian ad litem, or court, theombudsman may provide the same report to the complainantand the department of child services.
(2) If the complainant is not a person described in subdivision(1), the ombudsman shall provide a redacted version of itsfindings to the complainant stating in general terms that theactions of the department of child services were or were notappropriate.
(e) The department of child services ombudsman shall provide acopy of the report and recommendations to the department of childservices. The office of the department of child services ombudsmanmay not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodianof the child who was subject of the department of child services'action or omission; or
(3) the court, court appointed special advocate, or guardian adlitem of the child in a case that was filed as a child in need ofservices or a termination of parental rights action;
any information that the department of child services could not, bylaw, reveal to the complainant, parent, guardian, custodian, person,court, court appointed special advocate, or guardian ad litem.
(f) If, after reviewing a complaint or conducting an investigationand considering the response of an agency, facility, or program andany other pertinent material, the office of the department of childservices ombudsman determines that the complaint has merit or theinvestigation reveals a problem, the ombudsman may recommendthat the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy; or
(4) explain more fully the action in question.
(g) At the office of the department of child services ombudsman'srequest, the agency, facility, or program shall, within a reasonable
time, inform the office of the department of child servicesombudsman about the action taken on the recommendation or thereasons for not complying with it.
(h) The office of the department of child services ombudsmanmay not investigate the following:
(1) A complaint from an employee of the department of childservices that relates to the employee's employment relationshipwith the department of child services.
(2) A complaint challenging a department of child servicessubstantiation of abuse or neglect that is currently the subject ofa pending administrative review procedure before theexhaustion of administrative remedies provided by law, rule, orwritten policy. Investigation of any such complaint receivedshall be stayed until the administrative remedy has beenexhausted. However, if the administrative process is notcompleted or terminated within six (6) months after initiationof the administrative process, the office of child servicesombudsman may proceed with its investigation.
(i) If the office of the department of child services ombudsmandoes not investigate a complaint, the office of the department of childservices ombudsman shall notify the complainant of the decision notto investigate and the reasons for the decision.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-6
Access to records
Sec. 6. (a) The office of the department of child servicesombudsman shall be given appropriate access to department of childservices records of a child who is the subject of a complaint that isfiled under this chapter.
(b) A state or local government agency or entity that has recordsthat are relevant to a complaint or an investigation conducted by anombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition ofpenalties under a contract dealing with an employee orcontractor of the department of child services;
for the release or disclosure of records to the ombudsman under thischapter, unless the release or disclosure constitutes gross negligenceor willful or wanton misconduct.
(d) Information or records of a state or local government agencyprovided to the office of the department of child services ombudsmanmay not be disclosed to the complainant or others if confidentialunder laws, rules, or regulations governing the state or localgovernment agency that provided the information or records.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-7
Duties and functions
Sec. 7. The office of the department of child services ombudsmanshall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative accesscontrols for all information maintained by the office of thedepartment of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint,ensure that the identity of a complainant will not be disclosedwithout:
(A) the complainant's written consent; or
(B) a court order.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-8
Adoption of rules
Sec. 8. The office of the department of child services ombudsmanmay adopt rules under IC 4-22-2 necessary to carry out this chapter.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-9
Civil immunity
Sec. 9. An ombudsman is not personally liable for the good faithperformance of the ombudsman's official duties.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-10
Report
Sec. 10. (a) The office of the department of child servicesombudsman shall prepare a report each year on the operations of theoffice.
(b) The office of the department of child services ombudsmanshall include the following information in the annual report requiredunder subsection (a):
(1) The office of the department of child services ombudsman'sactivities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs forchildren.
(3) Any other issues, concerns, or information concerningchildren.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative councilmust be in an electronic format under IC 5-14-6. (d) A copy of the report shall be posted on the department of childservices' Internet web site and on any Internet web site maintained bythe office of the department of child services ombudsman.
(e) An initial report summarizing the activities of the departmentof child services ombudsman shall be completed by no later thanDecember 1, 2009, and a copy of the report shall be posted on thedepartment of child services' Internet web site and on any Internetweb site maintained by the office of the department of child servicesombudsman, and shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative councilmust be in an electronic format under IC 5-14-6. This subsectionexpires December 31, 2009.
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-11
Interference or prevention of completion of work
Sec. 11. (a) A person who:
(1) except as provided in subsection (b), intentionally interfereswith or prevents the completion of the work of an ombudsman;
(2) knowingly offers compensation to an ombudsman in aneffort to affect the outcome of an investigation or a potentialinvestigation;
(3) knowingly or intentionally retaliates against another personwho provides information to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, aperson who has filed a complaint, or a person who providesinformation to an ombudsman, because of an investigation orpotential investigation;
commits interference with the office of the department of childservices ombudsman, a Class A misdemeanor.
(b) Expungement of records held by the department of childservices that occurs by statutory mandate, judicial order or decree,administrative review or process, automatic operation of the IndianaChild Welfare Information System (ICWIS) computer system, or inthe normal course of business shall not be considered intentionalinterference or prevention for the purposes of subsection (a).
As added by P.L.182-2009(ss), SEC.55.
IC 4-13-19-12
Provision of office space
Sec. 12. The Indiana department of administration shall provideand maintain office space for the office of the department of childservices ombudsman.
As added by P.L.182-2009(ss), SEC.55.