§ 4-13-19-5 — Powers of ombudsman

(a) The office of the department of child
services ombudsman may receive, investigate, and attempt to resolve
a complaint alleging that the department of child services, by an action
or omission occurring on or after January 11, 2005, failed to protect the
physical or mental health or safety of any child or failed to follow
specific laws, rules, or written policies.
(b) The office of the department of child services ombudsman may
also do the following:
(1) Take action, including the establishing of a program of public
education, to secure and ensure the legal rights of children.
(2) Periodically review relevant policies and procedures with a
view toward the safety and welfare of children.
(3) When appropriate, refer a person making a report of child
abuse or neglect to the department of child services and, if
appropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reports
of abuse and neglect and overseeing the welfare of children who
are 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 concerning contacting the
office.
(6) Examine policies and procedures and evaluate the
effectiveness of the child protection system, specifically the
respective roles of the department of child services, the court, the
medical community, service providers, guardians ad litem, court
appointed special advocates, and law enforcement agencies.
(7) Review and make recommendations concerning investigative
procedures and emergency responses contained in the report
prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child services
ombudsman, the local child protection team shall assist the office of the
department of child services ombudsman by investigating and making
recommendations on a matter. If a local child protection team was
involved in an initial investigation, a different local child protection
team may assist in the investigation under this subsection.
(d) At the end of an investigation of a complaint, the office of the
department of child services ombudsman shall provide an appropriate
report as follows:
(1) If the complainant is a parent, guardian, custodian, court
appointed special advocate, guardian ad litem, or court, the
ombudsman may provide the same report to the complainant and
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 its findings to
the complainant stating in general terms that the actions of the
department of child services were or were not appropriate.
(e) The department of child services ombudsman shall provide a
copy of the report and recommendations to the department of child
services. The office of the department of child services ombudsman
may not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodian of
the child who was the subject of the department of child services'
action or omission; or
(3) the court, court appointed special advocate, or guardian ad
litem of the child in a case that was filed as a child in need of
services or a termination of parental rights action;
any information that the department of child services could not, by law,
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 investigation and
considering the response of an agency, facility, or program and any
other pertinent material, the office of the department of child services
ombudsman determines that the complaint has merit or the
investigation reveals a problem, the ombudsman may recommend that
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's
request, the agency, facility, or program shall, within a reasonable time,
inform the office of the department of child services ombudsman about
the action taken on the recommendation or the reasons for not
complying with it.
(h) The office of the department of child services ombudsman may
not investigate the following:
(1) A complaint from an employee of the department of child
services that relates to the employee's employment relationship
with the department of child services.
(2) A complaint challenging a department of child services
substantiation of abuse or neglect that is currently the subject of
a pending administrative review procedure before the exhaustion
of administrative remedies provided by law, rule, or written
policy. Investigation of any such complaint received shall be
stayed until the administrative remedy has been exhausted.
However, if the administrative process is not completed or
terminated within six (6) months after initiation of the
administrative process, the office of child services ombudsman
may proceed with its investigation.
(i) If the office of the department of child services ombudsman does
not investigate a complaint, the office of the department of child
services ombudsman shall notify the complainant of the decision not
to investigate and the reasons for the decision.

Legislative History

As added by P.L.182-2009(ss), SEC.55. Amended by P.L.128-2012, SEC.2.