SB 937 — Office of the Children's Ombudsman.

SESSION history | hilite | pdf | print version 17100354D17104618D SENATE BILL NO.

937 OfferedAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on General Laws and Technology on January 11,23, 20172017) Prefiled(Patron DecemberPrior 29,to 2016Substitute--Senator Edwards) A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 a section numbered section numbered 2.2-214.2, relating to the Office of the Children's Ombudsman.

---------- Patron-- Edwards ---------- Referred to Committee on General Laws and Technology ---------- Be it enacted by the General Assembly of Virginia:

Receive,Assist investigate,individuals andin takeunderstanding alltheir reasonablerights stepsand tothe mediateprocesses oravailable resolveto complaintsthem regardingaccording to the laws and regulations governing child-serving agencies.agencies;

However, after an initial investigation of any complaint, the ombudsman may decline to further investigate any complaint if the ombudsman determines that the complaint is frivolous or not made in good faith;

ConductMake inspections,available, ineither connectionseparately with a complaint received pursuant to this section, of any public or privatethrough facility,an institution,existing orwebsite residenceutilized whereby athe childSecretary hasof beenHuman placedResources, byinformation aas courtset orforth ain child-servingsubdivision agency2 whenand such childadditional isinformation residingas inmay thebe facility,deemed institution,appropriate; or residence.

Inspections conducted pursuant to this subdivision may be unannounced;

MakeMonitor suchchanges inquiries, and obtain such assistance, in connectionfederal withand astate complaintlaws receivedrelating pursuant to thischild-serving section,agencies; as the ombudsman may require in the discharge of the ombudsman's duties from any agency, division of any agency, or other state entity or from any agency, division of any agency, or other entity of any political subdivision of the Commonwealth;

Notwithstanding any provisions to the contrary, access any and all information, including confidential information, necessary for the full and complete investigation of the complaint.

All information obtained shall be maintained by the ombudsman as confidential in the same manner as is required by the agency or entity from which it was obtained.

The ombudsman shall be subject to the same penalties for disclosure of confidential information as the entity or person from whom the information was obtained;

6.

Enter into an agreement with any state agency providing advocacy, client assistance, or ombudsman services to the agency's clients to ensure the protection of children, provided that such agreements do not restrict the authority of the ombudsman to pursue legal or administrative remedies on behalf of children;

7.

Notify the law enforcement agency and the attorney for the Commonwealth in the jurisdiction in which a secure facility, shelter care facility, or detention home, as defined in § 16.1-228, or residential public charter school is located when the ombudsman has reason to believe that there has been a violation of state criminal law;

however, when the ombudsman has reason to believe that the criminal action has been committed in a state facility, notice shall be given to the director or commissioner of the department responsible for licensing or regulating such facility;

8.

Report to the head of any agency any serious problem, abuse, or deficiency related to that agency, or any programs or facilities operated by that agency, at such time as the problem, abuse, or deficiency is discovered by the ombudsman;

9.

10.and 6.

Serve as a source of information and referrals for children, parents, caregivers, providers, and citizens involved with child-serving agencies;agencies.

11.

Apply for and accept grants from the United States government, agencies and instrumentalities thereof, and any other source, in furtherance of the provisions of this section;

12.

Keep the Governor, the General Assembly, and the Commission on Youth fully informed by means of reports required in subsection D concerning significant problems, abuses, and deficiencies relating to the administration of programs and services for children;

recommend corrective actions concerning the problems, abuses, and deficiencies;

and report on the progress made in implementing the corrective actions identified;

and 13.

Adopt policies and guidelines in order to carry out the provisions of this section.

SuchE. report shall include:

1.

Information concerning the number of complaints received and the types of investigations completed by the Office during the reporting period;

2.

Information on the response of any child-serving agency investigated pursuant to a complaint received by the Office, including any failure to respond to Office recommendations or any barriers to adoption of any Office recommendations;

3.

A summary of any matters referred to any attorney for the Commonwealth, law-enforcement agency, or agency head during the reporting period and any actions taken by such persons;

4.

A description of any significant problems, abuses, and deficiencies related to the administration of the programs and services of child-serving agencies identified during the reporting period;

5.

A description of any recommendations for corrective actions made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified;