Child Safety and Well-Being Ombudsperson Establishment Act of 2019 (now known as "Office of the Ombudsperso...
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B 23-0437 — Child Safety and Well-Being Ombudsperson Establishment Act of 2019 (now known as "Office of the Ombudsperson for Children Establishment Amendment Act of 2020")
Last action — Final Reading, CC
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✓Introduced
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✓In Committee
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✓Passed Council
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Died in session
This bill died with Council Period 23. It reached “Passed Council” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
521 added · 537 removed521 line(s) added, 537 removed.
ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3_____________ 23-437 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 _________________________ 9 To establish the Office of the Ombudsperson for Children as an independent, impartial office, responsible to the Council and tasked with improving outcomes for CFSA children byinvolved holdingwith, agenciespreviously accountableinvolved forwith, fulfillingor theirotherwise responsibilitiesknown underto the law;Child and Family Services Agency;
For the purposes of this act,title, the term:
(1) “Administrative act” means any action, decision, adjudication, omission, rule, regulation, interpretation, recommendation, policy, practicepractice, or procedure of an agency, agency- ENGROSSED ORIGINAL licensed or contracted service and placement provider, or entity that must operate under or comply with guidance from an agency.
(2) “Agency” means any officer, employee, office, department, division, board, commission, or other agency of the government of the District, including independent agencies, but shalldoes not include:
(A) The District of Columbia CourtsCourts, as that term is defined byin section 103(13) of the District of Columbia Self-GovernmentHome andRule Governmental Reorganization Act, approved December 24, 1973 (87 Stat.
ENROLLED ORIGINAL (3) “CFSA” means the Child and Family Services Agency.
ENGROSSED ORIGINAL (i) A parent by birth, adoption, or marriage;
(ii) A relative caregivercaregiver, as that term is defined byin section 101(3A) of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C.
(ii) A grandparentgrandparent, as that term is defined byin section 101(2) of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C.
(iv) A close relativerelative, as that term is defined byin section 101(2) of the Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019, effective November 26, 2019 (D.C.
(D) A foster parentparent, as that term is defined byin section 381(1) of the Prevention of Child Abuse and Neglect Act of 1977, effective February 18, 2017 (D.C.
Law 21-217;21- 217;
(G) A court-appointed special advocate or guardian ad litem, oran attorney of a CFSA childchild, or ofa the CFSA child’s parent or caregiver;
orand (H) An individual with first-hand knowledge of an administrative act of CFSA or a CFSA affiliate.
ENGROSSED ORIGINAL (7) “Office” means the Office of the Ombudsperson for Children.
(8) “Ombudsperson” meansor the“Ombudsperson Ombudsperson for Children,Children” whomeans administersthe administrator of the Office.
ENROLLED ORIGINAL Sec.
(a) There is established for the District of Columbia the Office of the Ombudsperson for Children, which, in addition to other remedies or rights of appeal available under the law, shall be an independent, impartial office,office responsible to the Council and tasked with improving outcomes for CFSA children by holding agencies accountable for fulfilling their responsibilities under the law.
(3) UponThe receivingOmbudsperson two-weeksshall notice,receive the2-weeks’ Ombudspersonnotice of removal and may be removed only for cause by a majority of the Council.
ENGROSSED ORIGINAL (4) If the position of Ombudsperson becomes vacant, the Chief Deputy Ombudsperson shall serve as Actingacting Ombudsperson until an Ombudsperson has been appointed for a full term.
(d) The Ombudsperson shall appoint a Chief Deputy Ombudsperson, who shall serve under the direction and control of the Ombudsperson and perform such duties as may be assigned by the Ombudsperson.
(e)(1) The Chief Deputy Ombudsperson shall serveappoint undera theDeputy directionCFSA andOmbudsperson, controlwho ofshall thehave Ombudspersonprimary andresponsibility performfor suchperforming the duties asunder maysection be105. assigned by the Ombudsperson.
(e)(1) The Ombudsperson shall appoint a Deputy CFSA Ombudsperson who shall have primary responsibility for performing the duties prescribed under section 105.
(A) The CFSA’sCFSA Internal Child Fatality Review Committee;
The Ombudsperson and all employees of the Office shall be appointed in the Excepted Service pursuant to Title IX of the District of ENGROSSED ORIGINAL Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-2-139; 139;
ENROLLED ORIGINAL Sec.
(1) Be a person of recognized judgment, objectivity, and integrityintegrity, and is qualified by training or experience to analyze problems of law, administration, and public policy;
and (4) Become a member of the United States Ombudsman Association (“USOA”) andand, upon appointment, attend the new ombudsman training offered by theUSOA. USOA upon appointment.
or ENGROSSED ORIGINAL (3) Engage in any other occupation, business, or profession that may detract from the performance of the Ombudsperson’s duties or result in a conflict of interest or an appearance of impropriety or partiality with the duties of the Ombudsperson.
(A) Systemic concerns relating to CFSA children, including issues relating to interagency communicationscommunication and coordination;
ENGROSSED ORIGINAL (iv) Performed in an unprofessional manner that is detrimental to the safety, permanency, or well-being of a CFSA child or the CFSA child’s family;
or ENROLLED ORIGINAL (v) Unreasonable, unfair, not aligned with standards of practice and care, or otherwise objectionable, even though in accordance with law.law;
(5) Provide recommendations to policies and procedures, staff training, regulations, and strategies based on investigations performed pursuant to this section.section;
(7) Develop regulations and standard operating procedures, including those related to interagency communication and coordination, ensuring confidentiality, the development of a complaint database, standards for investigations, and any other issues necessary for meeting the responsibilities of the Office;
(8) Create and maintain a website for the Office, which shall allow for the online submission of complaints;
and ENGROSSED ORIGINAL (11) Perform the duties provided in section 105 at the Ombudsperson’s discretion or if otherwise necessary.
(4) Receive and process complaints from CFSA constituents involving an administrative act of CFSA or a CFSA affiliate, without regard to the finality of the administrative act,act consistentby: with the following procedures:
(A) ReceiveReceiving complaints by phone, in writing, electronically, or in person at multiple locations, including at the office of the Deputy CFSA Ombudsperson, the Office of the Ombudsperson for Children, or in the community if requested by, and necessary to protect the privacy interests of, the complainant;
(B) AcknowledgeAcknowledging complaints in a timely fashion;
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(C) ProvideProviding accurate and helpful information in response to a complaint when appropriate;
and ENGROSSEDENROLLED ORIGINAL (D) DetermineDetermining the validity of a complaint quickly and professionally and investigateinvestigating all valid complaints that the Deputy CFSA Ombudsperson reasonably believes to be:
(iv) Performed in an unprofessional manner that is detrimental to the safety, permanency, or well-being of a CFSA child and the CFSA child’s family;
(A) It is plain fromon the face of the complaint that an adequate remedy is presently available such that an investigation is unwarranted, and the Deputy CFSA Ombudsperson can provide information to the complainant about the remedy;
or ENGROSSED ORIGINAL (E) Investigation of the complaint would not facilitate an action authorized by this act;title;
(2) Make inquiries and obtain assistance and information from an agency, an agency’sagency-licensed or contracted service provider and placement provider, or an entity that must operate under or comply with guidance from an agency that is required for the discharge of the Ombudsperson’s duties;
ENROLLED ORIGINAL (3) Log-in directly to CFSA’s web-based case management and electronic data systems that service CFSA children without having to first obtain CFSA’s consent or provide notice;
ENGROSSED ORIGINAL (4) Conduct inspections of the premises, or any part thereof, without prior notice, of CFSA and licensed or contracted placement providers, including secure facilities and group homes, but excluding licensed single-family foster homes, that are necessary for the discharge of the Ombudsperson’s duties;
(5) Conduct inspections of the premises, or any part thereof, with prior notice and consent, of single-family foster homes, contracted andor licensed service providers, and any entity that must operate under or comply with guidance from CFSA that are necessary for the discharge of the Ombudsperson’s duties;
(6) Issue a subpoena, enforceable in Superior Court of the District of Columbia, to compel the attendance and testimony of any person or to produce any record from an agency, an agency-licensed or contracted service and placement provider, or an entity that must operate under or comply with guidance from an agency,agency that is required for the discharge of the Ombudsperson’s duties;
and (8) Communicate privately with an agency employee without prior notice to, consent or interference from, or in the presence of, that employee’s supervisor, manager, or any other senior managers of the agency.
ENGROSSED ORIGINAL (1) The CFSA child shall have the opportunity to consult with counsel before communicating with the Ombudsperson;
ENROLLED ORIGINAL (c) If the Ombudsperson prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to section 106(6) and is not awarded reasonable attorney’s fees, the agency or instrumentality challenging the enforcement order shall reimburse the Ombudsperson for any litigation-related expenses or costs incurred.
ENGROSSED ORIGINAL Sec.
(a) The Ombudsperson may from time-to-timetime reportto ontime report the Office’s activities to the Council or any of its committees, the Citizen Review Panel established by Title III-B of the Prevention of Child Abuse and Neglect Act of 1977, effective April 12, 2005 (D.C.
(1) The general work of the OfficeOffice, section, which shall include:
(A) The number, general sources and origins, and the nature of complaints made to the Office and the Deputy CFSA Ombudsperson, and the methodmethods by which the complaints were received;
(C) Trend analysisanalyses that includesinclude an examination of:
and ENGROSSED ORIGINAL (iii) The amount of time to investigate and provide recommendations on resolving complaints, and the factors affecting how quickly complaints are investigated and recommendations provided;
ENROLLED ORIGINAL (A) The number, demographics, and other relevant characteristics of the crossover-youth population;
and ENGROSSED ORIGINAL (D) Any other information the Ombudsperson deemsconsiders relevant to the outcomes for crossover youth;
and (B) A status update on policy recommendations from prior annual reportsreports, if applicable.
(a) A civil action may not be brought against the Office for anything done, said, or omitted in the performance of the Office’s duties or responsibilities under this act.title.
ENGROSSED ORIGINAL (c) Neither the Ombudsperson nor the Office’s staff shall be:
(2) Held personally liable for the good faith performance of the Office’s responsibilities under this act,title; except that such immunity shall not extend to any action that is criminal or otherwise violates District or federal law;
orexcept, (3)that Subjectsuch toimmunity retaliatoryshall actionnot forextend theto goodany faithaction performancethat ofis thecriminal Office’sor responsibilitiesotherwise underviolates thisDistrict act.or federal law;
Sec.or (3) Subject to retaliatory action for the good faith performance of the Office’s responsibilities under this title.
ENROLLED ORIGINAL Sec.
and (2) Identifying information of complainants orand witnesses, unless:
or ENGROSSED ORIGINAL (B) The information is compelled by a Council subpoena pursuant to a Council investigation for neglect of duty or misconduct by the Ombudsperson or the Office when the identifying information is necessary to the investigation.
(c)(1) Whoever willfully discloses, receives, makes use ofof, or knowingly permits the use of confidential information concerning a CFSA child or individual in violation of this acttitle shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000.
(a) No person, including a CFSA constituent, an employee of an agency, an employee of an agency’s licensed or contracted service and placement provider, or an employee of any entity that must operate under or comply with guidance from an agency, who files a complaint or participates in an investigation or proceeding pursuant to this acttitle shall be subject to any penalties, sanctions, or restrictions in connection with the employee’s employment or be denied any right, privilege, or benefit because of such action.
ENGROSSED ORIGINAL (b) A person who alleges a violation of this section may bring a civil action for appropriate injunctive relief, actual damages, and punitive damages.
ENROLLED ORIGINAL TITLE II.
Official Code § 4-1301.024-1301.01 et seq.)seq.), is amended as follows:
“(11) The Office of the Ombudsperson for Children, established by the ChildOffice Safetyof andthe Well-Being Ombudsperson for Children Establishment Amendment Act of 2020, aspassed approved by ENGROSSED ORIGINAL the Committee on Human2nd Servicesreading on NovemberDecember 24,15, 2020 (Committee(Enrolled printversion of Bill 23-437), for the purpose of fulfilling the Ombudsperson’s duties.”.
“(7) An investigation by the Office of the Ombudsperson for Children established by the ChildOffice Safetyof andthe Well-Being Ombudsperson for Children Establishment Amendment Act of 2020, aspassed approved by the Committee on Human2nd Servicesreading on NovemberDecember 24,15, 2020 (Committee(Enrolled printversion of Bill 23-437), if the information is relevant to the investigation.”.
“(1) Notify the Office of the Ombudsperson for Children (“Ombudsperson for Children”), established by the ChildOffice Safetyof andthe Well-Being Ombudsperson for Children Establishment Amendment Act of 2020, aspassed approved by the Committee on Human2nd Servicesreading on NovemberDecember 24,15, 2020 (Committee(Enrolled printversion of Bill 23-437), in writing within 24 hours of the Agency becoming aware of an allegation of a critical incident;
ENGROSSED ORIGINAL “(2) Provide the Ombudsperson for Children with copies of proposed revisions to current policies or regulations, or proposed new policies or regulations, including administrative issuances, at least 10 days prior to issuance,issuance; except the 10-day notice requirement shall not apply to the issuance of emergency regulations;
andexcept, “(3)that Post the Ombudsperson’s10-day reportnotice issuedrequirement pursuantshall tonot sectionapply 108(b)to of the Childissuance Safety and Well-Being Ombudsperson Establishment Amendment Act of 2020,emergency asregulations; approved by the Committee on Human Services on November 24, 2020 (Committee print of Bill 23-437), on the Agency’s website to be made available to the public.
and “(3) Post the Ombudsperson’s report issued pursuant to section 108(b) of the Office of the Ombudsperson for Children Establishment Amendment Act of 2020, passed on 2nd ENROLLED ORIGINAL reading on December 15, 2020 (Enrolled version of Bill 23-437), on the Agency’s website to be made available to the public.
ENGROSSED ORIGINAL “(3) “Serious bodily injury” shall have the same meaning as provided in D.C.
Official Code § 22-3001(7).”.
Official Code § 4-1371.04)4-1371.04), is amended as follows:
Official Code § 2-1599.03)2-1599.03), is amended as follows:
ENGROSSED ORIGINAL (2) Sub-paragraph (P) is amended by striking the semicolon and inserting the phrase “;
ENROLLED ORIGINAL “(Q) Ombudsperson for Children, Office of the Ombudsperson for Children;”.
Official Code § 1-1406)1-1406), is amended by striking the phrase “Council of the District of Columbia, the Office of the District of Columbia Auditor, or the Office of the Attorney General”General;” and inserting the phrase “Council of the District of Columbia, the Office of the District of Columbia Auditor, the Office of the Ombudsperson for Children, or the Office of the Attorney General”General;” in its place.
Section 2c of the Council of the District of Columbia Independence Act of 1982, effective March 11, 20202010 (D.C.
Official Code § 1-301.44c)1-301.44c), is amended as follows:
ENGROSSED ORIGINAL (2) Paragraph (5) is amended by striking the period and inserting the phrase “;
Section 406(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Official Code § 1-604.06(b))1- 604.06(b)), is amended as follows:
“(29) For employees of the Office of the Ombudsperson for Children, the personnel authority shallis be the Ombudsperson for Children.”.
Official Code § 2-534(a-1)(2))2-534(a-1)(2)), is amended as follows:
ENROLLED ORIGINAL (a) Sub-paragraph (D) is amended by striking the phrase “;
ENGROSSED ORIGINAL (b) Sub-paragraph (E) is amended by striking the period and inserting the phrase “;
ENGROSSED ORIGINAL Sec.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.
26______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 15
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View plain text versions (3)
- Enrolled Enrollment Current pdf
- Engrossed Engrossment pdf
- Introduced Introduction pdf
Action History
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Final Reading, CC
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First Reading, CC
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Committee Report Filed, Includes Hearing Record
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Committee Mark-up of B23-0437
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Mark-up on B23-0437
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Mark-up on B23-0437 View Mark-up Record
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Public Hearing on B23-0437 View Public Hearing Record
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Notice of Public Hearing Published in the District of Columbia Register
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Notice of Intent to Act on B23-0437 Published in the District of Columbia Register
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Referred to Committee on Human Services
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B23-0437 Introduced by Councilmembers Nadeau, R. White, Allen, Todd, Grosso, Cheh, and Silverman at Committee of the Whole
Sponsors
- Robert C. White · Primary
- Elissa Silverman · Primary
- Mary Cheh · Primary
- David Grosso · Primary
- Brandon Todd · Primary
- Charles Allen · Primary
- Brianne K. Nadeau · Primary
Sponsorship breakdown
Export CSV (upgrade) →7 sponsors · 0 co-sponsors · 11 not signed on
Sponsors (7)
- White, Robert C.
- Elissa Silverman
- Mary Cheh
- David Grosso
- Brandon Todd
- Charles Allen
- Brianne K. Nadeau
Co-sponsors (0)
None.
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors B 23-0437?
- B 23-0437 is sponsored by White, Robert C., Elissa Silverman, Mary Cheh, David Grosso, Brandon Todd, Charles Allen, and Brianne K. Nadeau.
- What is the current status of B 23-0437?
- This bill died with Council Period 23. It reached “Passed Council” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track B 23-0437?
- Track B 23-0437 free on One Click Politics — get push/email alerts when it moves.
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