What Is An Ombudsman?
Ombudsman comes from the Swedish word meaning “representative” or “agent”, now when I first thought of this I immediately thought of a lawyer or an attorney, but they differ from those breeds of legal servants. These individuals are experts within limited fields, and may of may not have the “brainwashing” that lawyers or attorneys have for institutional law schools, and are not slaves to the dollar. Citizen representatives tend to me more empathetic, and normally have a better moral compass than that of the common lawyer.
As defined by The United States Ombudsman Association (USOA), Ombudsmen are "an independent, impartial public official with authority and responsibility to receive, investigate or informally address complaints about government actions, and, when appropriate, make findings and recommendations, and publish reports”
(NCSL)
The USOA also established a best practices guide for Ombudsman offices to follow, which states:
- An Ombudsman office should be independent-free from outside control or influence;
- An Ombudsman should be** impartial**- receive and review each complaint in an objective and fair manner, free from bias, and treat all parties without favor or prejudice;
- The Ombudsman should control confidentiality- have the privilege and discretion to keep confidential or release any information related to a complaint or investigation.
- The Ombudsman should create a credible review process of complaints- perform his or her responsibilities in a manner that engenders respect and confidence and be accessible to all potential complainants.
(NCSL)
The true power of a Children’s Ombudsman's is encompassed by their general purpose, duties and responsibilities which are:
Handle and investigate complaints from citizens and families related to government services for children and families - this may include child protective services, foster care, adoption and juvenile justice services.
Provide a system accountability mechanism by recommending system-wide improvements to benefit children and families - often in the form of annual reports to the Legislature, Governor and public.
Protect the interests and rights of children and families - both individually and system-wide.
Monitor programs, placements and departments responsible for providing children's services - which may include inspecting state facilities and institutions.
However, care needs to be taken before you enroll the help of an Ombudsman, as I discovered that several are not truly independent, but actually funded by the state, or are divisions within the state government.
Not All Ombudsman Are Truly Independent
This is something that I discovered while researching this subject for a client in South Dakota. Below are the different groups of Ombudsman structures and relation to state jurisdiction.
Independent
Independent and autonomous agency with oversight specific to child welfare:
- Colorado
- Connecticut
- Georgia
- Indiana
- Maine
- Massachusetts
- Michigan
- Missouri
- Rhode Island
- Tennessee
- Washington
Operates within, but autonomous of, the state agency providing child welfare services:
- California
- Texas
- Utah
Provides oversight to all governmental agencies within the state including child welfare services:
- Alaska
- Arizona
- Hawaii
- Iowa
- Nebraska
Non-Independent
Non-Independent Children’s Ombudsman office, established within the child welfare agency:
- Arkansas
- Kentucky
- Illinois
- Oklahoma
- New Hampshire
- New Jersey
- New York
- Oregon
If your home state is not listed, then their Ombudsman services will fall under statutory Ombudsman-like programs or non-statutory county-based or program-based offices that may or may not be within local government.
Below is a comprehensive list of State Children’s Ombudsman Offices taken from ncsl.org
ALASKA
Alaska Stat. 24.55.010-340
Alaska Office of Ombudsman
The Ombudsman has jurisdiction to investigate the administrative acts of all Alaska agencies, and is independent and autonomous of those agencies. As part of the Legislative Branch, the administrative facilities and services of the Legislative Affairs Agency may be used for management of the Office of the Ombudsman.
The Ombudsman is selected by the Alaska Legislature's Ombudsman Selection Committee, subject to approval by the Legislature and Governor. The Ombudsman serves for a term of five years and may be reappointed.
The Ombudsman must be at least 21 years old, a qualified voter, resident in the state for three years, and cannot be a candidate for, or hold, public office.
The Ombudsman may investigate complaints; has access to confidential records; issue subpoenas: and must maintain confidentiality. The Ombudsman may issue investigative reports; and may submit recommendations to the Legislature.
ARIZONA
Ariz. Rev. Stat. 41-1371 through 41-1383
Arizona Office of Ombudsman Citizens Aide
The Ombudsman oversees all Arizona agencies and is independent and autonomous of those agencies. The Office of the Ombudsman is an independent agency of the Arizona Legislature, and physically may not be located in the state office or any agency office.
The Ombudsman is appointed by Legislative committee. The Ombudsman serves a five-year terms- and cannot serve more than three full terms.
The Ombudsman must not hold public office, must be a state resident for 6 months, 25 years old, and have investigatory experience.
The Ombudsman may investigate the administrative acts of agencies; prepare an annual and public report; has access to confidential information; issues subpoenas; maintains confidentiality; makes recommendations.
ARKANSAS
Ark. Code Ann. § 16-87-216
Arkansas Public Defender’s Commission’s Juvenile Ombudsman
The Ombudsman is part of the Public Defender’s Commission, the Juvenile Ombudsman provides for independent oversight of the Division of Youth Service's facilities and programs that are unlicensed or unaccredited.
The Ombudsman is appointed by the Executive Director of the Public Defender’s Commission. The Ombudsman should have an advanced degree in related field and four years related experience.
The Ombudsman has access to confidential information and juveniles in the state’s custody; receives and investigates complaints; prepares annual reports.
Foster Parent Ombudsman
The Foster Parent Ombudsman is located within the Department of Human Services; has the responsibility of assisting foster parents. No statutory authority.
The Foster Parent Ombudsman serves as an advocate for foster parents by answering questions, providing training and assistance, and working to help resolve complaints or problems the foster parents might be having with the Division.
CALIFORNIA
Cal. Welfare And Institutions Code § 16160-16167
California Ombudsman for Foster Care
The Ombudsman is established as an autonomous entity within the State Department of Social Services with the oversight of children in foster care and relating to their care, placement or services.
The Department Director and interested committee shall appoint the Ombudsman for a term of four years. The Ombudsman may be appointed for consecutive terms.
The California Ombudsman for Foster Care investigates complaints; has access to confidential information; must maintain confidentiality; prepares an annual report for the Legislature that is available to the public.
COLORADO
Colo. Rev. Stat. § 19-3.3-101 to -109
Office of Colorado’s Child Protection Ombudsman
The Child Protection Ombudsman is established in the State Department and administered by contract with a public agency or private nonprofit organization. The Ombudsman must act independently of Divisions responsible for child welfare, youth corrections, or child care, and independently of the county departments.
Contract awarded by State Department’s Executive Director. The current contract is with the National Association of Counsel for Children.
The Child Protection Ombudsman receives and investigates complaints; maintains confidentiality; has access to confidential information; does not have the ability to subpoena; makes recommendations; reports annually; educates the public.
CONNECTICUT
Conn. Gen. Stat. § 46a-13k
Connecticut Office of the Child Advocate
The Child Advocate shall act independently of any state department. The Office of the Child Advocate is located within the Office of Governmental Accountability.
The Child Advocate is appointed by the Governor with Approval by the General Assembly to serve a four year term and may be reappointed.
The Child Advocate receives and investigates complaints; periodically reviews institutions; recommends policy changes; provides training to attorneys and guardians ad litem; has access to confidential information; issues subpoenas; maintains confidentiality; maintains a child fatality review panel; represents a child in court; produces annual and public reports.
DELAWARE
Del. Code Ann. tit. 29 § 9001A – 9009A
Delaware Office of the Child Advocate
The Office of the Child Advocate is a non-judicial agency of the Court. The Child Advocate serves as Executive Director to the Committee of the Child Protection Accountability Commission (CPAC).
Appointed by the Executive Committee of the Child Protection Accountability Commission (CPAC).
The Child Advocate shall be an attorney duly licensed to practice law in Delaware.
The Child Advocate provides legal representation of children; provides public education and legislative advocacy; reviews child policy; recommends changes, submits an annual report; maintains confidentiality; effectuates the purposes of the CPAC.
FLORIDA
Children’s Board Ombudsman Program
The Ombudsman works with families who have children with complex mental health/behavioral challenges.
The Ombudsman provides advocacy referrals to appropriate services, information and resources.
GEORGIA
Ga. Code Ann, § 15-11-740 et. Seq.
Office of the Child Advocate for the Protection of Children
The Child Advocate provides independent oversight of persons, organizations and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Child Advocate is located within the Governor’s Office of Planning and Budget for administrative purposes only.
The Child Advocate is appointed though a nominating process through the Governor.
The Child Advocate coordinates the Child Fatality Review Panel; investigates complaints; has access to confidential records;
subpoenas records; reviews the facilities and procedures of any institution or residence; provides public education and legislative advocacy; provides annual and public reports.
HAWAII
Hawaii Rev. Stat. § 96-1 to 96-19
Office of the Ombudsman
The Ombudsman is an officer of the Legislature and has jurisdiction to investigate the administrative acts of all agencies. The Ombudsman operates independently and autonomously of state and county agencies.
The Ombudsman is appointed by the legislature for a six year term, with a three term limit.
The Ombudsman may not currently serve public office.
The Ombudsman receives and investigates complaints; has access to confidential information; issues subpoenas; makes recommendations to state agencies; publishes recommendations; maintains confidentiality; publishes an annual and public report.
###ILLINOIS
Ch. 20 Ill. Comp. Stat. § 505/35.5
Illinois DCFS Office of the Inspector General
The Inspector General shall function independently, within the Department of Children and Family Services, with the authority to conduct investigations into by any employee, foster parent, service provider, or contractor of the Department of Children and Family Services.
The Inspector General is appointed by the Governor and confirmed by the Senate for a term of four years.
The Inspector General makes recommendations to the Director of the Department of Children and Family Services; has access to confidential information; acts as liaison between the Department and the police; has power to subpoena; publishes an annual and public report.
INDIANA
Ind. Code § 4-13-19
Indiana Department of Child Services Ombudsman Bureau
The Ombudsman oversees the Department of Child Services (DCS) and acts independently of DCS. The Ombudsman is housed in the Department of Administration.
The Ombudsman is appointed by the Governor.
The Ombudsman must be an attorney licensed to practice law in Indiana or a social worker with a master's degree, and must have significant experience or education in child development and child advocacy, including at least two (2) years experience working with child abuse and neglect.
The Ombudsman receives and investigates complaints; provides public education; recommends changes; has access to confidential information; maintains confidentiality; makes reports.
IOWA
Iowa Code § 2C-1 et.seq.
Iowa Office of Citizen's Aide Ombudsman
The Ombudsman is part of the Legislative branch, acts independently and has the jurisdiction to investigate complaints about all state and local government agencies.
The Ombudsman is appointed by the legislative council, approved by the Senate and House of Representatives for a term of four years and may be reappointed.
The Ombudsman must be a U.S. citizen, an Iowa resident, and qualified to analyze problems of law, administration and public policy.
The Ombudsman has access to confidential information; maintains confidentiality; investigates complaints; issues subpoenas; makes recommendations; publishes conclusions; provides annual and public reports.
KENTUCKY
Ky. Rev. Stat. Ann. § 194A.030(A)
Kentucky Office of the Ombudsman for
the Cabinet for Health and Family Services
The Ombudsman is established within the Cabinet for Health and Family Services .
The Ombudsman is appointed by the Secretary of the Cabinet For Health and Family Services, with Governor approval.
The Ombudsman receives and reviews citizen complaints; has access to confidential records; emphasizes research and best practice; program accountability; monitors federal compliance.
MAINE
Me. Rev. Stat. tit. 22 § 4087-A
Maine Child Welfare Services Ombudsman
The Ombudsman is established as an independent program within in the Executive Branch, and contracted to a non-profit organization for operation to oversee the Office of Child and Family Services.
Contract to a nonprofit organization by the Governor. Current contract is with Maine’s Children’s Alliance.
The Ombudsman may not be actively involved in state politics.
The Ombudsman receives and investigates complaints; provides public outreach; has access to persons, files, and records, does not have the power to subpoena; maintains confidentiality; provides annual and public reports.
MARYLAND
FOSTER PARENT OMBUDSMAN,
John J. Bertulis, Foster Parent Ombudsman
(410) 767-7561
e-mail: jbertuli@dhr.state.md.us
Not Independent. Autonomous within the Department of Human Resources and reports directly to the Secretary. The Foster Parent Ombudsman is hired by the Secretary of the Department of Human Resources.
The Foster Parent Ombudsman reviews and mediates inquiries made by or on behalf of Maryland’s public foster parents’ and is responsible for a quarterly newsletter to foster parents.
MASSACHUSETTS
Mass Gen. Laws ch. 18 § 1-13
Massachusetts Office of the Child Advocate
The Child Advocate is an independent office within the Executive Branch with the jurisdiction to oversee children served by the child welfare or juvenile justice systems.
The Child Advocate is appointed by the Governor and a nominating committee and serves a term coterminous with that of the governor.
The Child Advocate investigates critical incidents; receives and investigates complaints; reviews and makes recommendations for system-wide changes; educates the public; has access to facilities and records; has the power to subpoena; provides annual and public reports.
MICHIGAN
Mich. Comp. Laws § 722.921 et.seq.
Michigan Office of the Children’s Ombudsman
The Ombudsman is independent and autonomous within the Executive Branch Department of Management and Budget, with the jurisdiction to oversee child welfare functions.
The Ombudsman is appointed by the Governor with consent of the Senate and serves at the pleasure of the Governor.
The Ombudsman shall be qualified by training and experience.
The Ombudsman receives and investigates complaints; advocates to the legislature; makes recommendations; has access to confidential records; issues subpoenas; holds informal hearings; maintains confidentiality; provides annual and public reports.
MINNESOTA
Minn. Stat. § 257.0755 et.seq.
Minnesota Office of Ombudsperson for Families
The Office of Ombudsperson for Families is an independent state agency. There are four ombudspersons working with four different communities of color. Each Ombudsperson works independently from, but in collaboration with, each of the following groups: the Indian Affairs Council, the Chicano Latino Affairs Council, the Council on Black Minnesotans, and the Council on Asian-Pacific Minnesotans.
The Ombudsperson for each community shall be selected by the applicable community-specific board and serves at the pleasure of the respective communities.
Each Ombudsperson shall be highly competent and qualified to analyze questions of law, administration, and public policy regarding the protection and placement of children from families of color; must be experienced in dealing with communities of color and knowledgeable about the needs of those communities; must not hold any other public office.
The Ombudsperson monitors agency compliance with all laws regarding child protection and placement as to the impact on children of color; provides cultural diversity training to state and local courts; receives and investigates complaints; has access to confidential information; has subpoena power; makes recommendations; provides annual and public reports.
MISSOURI
Mo. Rev. Stat. § 37.705
State of Missouri Office of Child Advocate
The Office of Child Advocate is part of the Executive Branch Office of Administration and operates as an independent agent of accountability regarding Children's Protection and Services. The Child Advocate shall report directly to the Commissioner of the Office of Administration.
The Child Advocate is appointed jointly by the Governor and the Chief Justice of the Missouri Supreme Court with the advice and consent of the Senate. The Child Advocate shall hold office for a term of six years.
The Child Advocate receives and investigates complaints; has access to confidential information; has the power to subpoena; makes recommendations; educates the public; maintains confidentiality; coordinates mediation efforts between school districts and students when allegations of child abuse arise in a school setting; provides annual and public reports.
MONTANA
Executive Order
Citizens Advocate Office
The Citizens Advocate operates under Executive order of the Governor within the Governor’s Office, with the authority to assist Montanans in their interactions with all state executive branch agencies.
The Citizens Advocate takes complaints regarding state agencies; operates an assistance hotline.
NEBRASKA
Neb. Rev. Stat. § 81-8,240 to 8-8,254
Public Counsel (Ombudsman’s Office)
Office of the Inspector General of Nebraska Child Welfare
As part of the Legislative Branch the Public Counsel oversees all agencies and is independent of the agencies it oversees.
The Ombudsman is appointed by the Legislature for a term of six years.
The Ombudsman shall be a person well equipped to analyze problems of law, administration, and public policy and shall not be actively involved in partisan affairs.
The Ombudsman receives and investigates complaints; has access to information; issues subpoenas; makes recommendations; publishes annual reports.
NEVADA
Nevada State Advocate for Missing and Exploited Children
The Advocate operates within the Office of the Attorney General.
The Advocate is a Senior Deputy Attorney General.
The Advocate assists other agencies in investigating missing and exploited children; educates the public.
NEW HAMPSHIRE
New Hampshire Department of Health and Human Services: Office of the Ombudsman
The Ombudsman is established within the Department of Health and Human Services.
The Ombudsman investigates and resolves complaints; provides mediation; maintains confidentiality.
NEW JERSEY
Department of Children and Families Office of Advocacy
The Ombudsman is established within the Department of Children and Families within the Office of the DCF
Commissioner with authority as an independent advocate for children and families.
The Ombudsman provides education; receives and reviews complaints; provides advocacy for families; makes recommendations; and makes reports.
NEW YORK
N.Y. Exec. Law § 523b
New York Office of the Ombudsman
The Ombudsman operates within the Office of Children and Family Services.
The Ombudsman is appointed by the Commissioner of the Office of Children and Family Services.
The Director of the Office of the Ombudsman must be an attorney licensed to practice law. The Ombudsmen staff are either licensed attorneys or persons with expertise in the areas of juvenile justice or youth rights.
The Ombudsman receives and investigates complaints; monitors child welfare policy; advises residential youth; makes recommendations; has access to confidential information; receives critical incident reports; maintains confidentiality; provides monthly reports.
NORTH CAROLINA
Foster Care Ombudsman Pilot Program in Gaston County
The Board of County Commissioners shall establish the qualifications for the selection of the foster care ombudsman, including the criteria that the person selected shall have experience in child welfare and State laws and policies governing children in foster care.
OHIO
Lucas County Children Services Ombudsman
The Ombudsman is established within the Lucas County Children’s Services.
The Ombudsman investigates complaints; makes recommendations.
OKLAHOMA
Oklahoma Department of Human Services, Office of Client Advocacy
The Office of Client Advocacy operates within the Oklahoma Department of Human Services (OKDHS).
The Office of Client Advocacy takes complaints from: minors in OKDHS custody; youth in voluntary care of OKDHS; and foster parents.
OREGON
Or. Rev. Stat. § 417.810
Oregon’s Governor's Advocacy Office
at the Department of Human Services (DHS)
The Office of Children's Advocate is established in the Department of Human Services within the Governor’s Advocacy
Office at the Department of Human Services and is part of the Department of Human Services Director’s Office. The Children’s Advocate specifically responds to concerns regarding child abuse and neglect, child protective services, and issues relevant to individual child welfare cases.
With the concurrence of the Governor, the Director of Human Services shall appoint the Children's Advocate.
The Children's Advocate shall be a person who has background and experience in: law enforcement with particular emphasis on crimes involving child victims; or social work with particular emphasis on child abuse.
The Children’s Advocate educates the public; receives and reviews complaints; maintains confidentiality.
RHODE ISLAND
R.I. Gen. Laws § 42-73-1 et seq.
Rhode Island Office of the Child Advocate
The Office of the Child Advocate (OCA) is an independent and autonomous state agency responsible for protecting the legal rights and interests of children in state care.
The Child Advocate is appointed by the Governor, with the advice and consent of the Senate. The Advocate shall have a term of five years.
The Child Advocate shall be a member of the Rhode Island Bar for at least three years and must be qualified by training and experience to perform the duties of the office.
The Child Advocate provides an annual report to the Governor and Legislature; insures all children in the child welfare system are appraised of their rights; reviews procedures; reviews complaints; provides training; has access to confidential information; has the power to subpoena; commences civil action against the state on behalf of a child; maintains confidentiality.
SOUTH CAROLINA
Executive Order
The South Carolina Governor’s Office of Children’s Affairs
The Office of Children’s Affairs exists within the Governor’s Office of Executive Policy and Programs and advocates for improved services for children and families. There is no statutory authority.
The Office of Children’s Affairs provides arbitration and mediation services; researches constituent concerns.
TENNESSEE
Tenn. Code Ann. § 37-3-101 et seq.
Tennessee Commission on Children
and Youth’s (TCCY) Ombudsman Program
The Ombudsman for Children Youth and Families is part of the Tennessee Commission of Children and Youth, an Independent and autonomous agency with statutory authority to review children in the foster care system, kinship care or CPS and make recommendations for improvement.
The Governor shall appoint one member of the 21- member commission to be chair of the TCCY for a term of three years.
The TCCY shall make recommendations regarding the child welfare system; advocate; publish annual reports; review licensing standards; monitor foster care review boards.
The Ombudsman takes referrals concerning the children in state custody; access records and persons; annual reports.
TEXAS
Tex. Hum. Res. Code Ann. § 261.001
Independent Ombudsman
for the Texas Juvenile Justice Department
The Ombudsman is independent of the Juvenile Justice Department, reports to the Governor and Legislature and is responsible for overseeing the rights of children committed to the Texas Juvenile Justice Department.
The Ombudsman is appointed by the Governor with consent of the senate for a two year term and may serve up to three terms.
The Ombudsman receives and reviews complaints; advocates for children in custody; provides quarterly reports; maintains confidentiality; provides public education and awareness; reviews facilities; has access to confidential information.
Tex. Gov’t Code § 531.008
Health and Humans Services Commission’s Office of the Ombudsman
The Ombudsman is independent within the organization.
The Ombudsman provides dispute resolution services for the Commission and the health and human services agencies; performs consumer protection functions related to health and human services.
UTAH
Utah Code. Ann. 62A-4a-208
Utah Office of Child Protection Ombudsman
The Ombudsman was created as an independent office within the Department of Human Services, independent from the Division of Child and Family Services.
The Ombudsman shall be appointed by and serve at the pleasure of the executive director.
The Ombudsman shall have experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children.
The Ombudsman receives and investigates complaints; makes recommendations; provides annual reports; has access to confidential information.
VIRGINIA
Office of Juvenile Justice’s Ombudsman Program
The Ombudsman exists within the Office of the Inspector General with the authority to help protect the rights of committed youth.
The Ombudsman maintains a relationship with juvenile correction centers; investigates complaints; makes recommendations.
WASHINGTON
Wash. Rev. Code § 43.06A
Washington State Office of the Family and Children's Ombudsman
The Ombudsman is established within the Office of the Governor, reports directly to the Governor and acts independently from the Department of Social and Health Services.
The Ombudsman is appointed by the Governor, with confirmation by the Senate, for a term of three years.
The Ombudsman shall be qualified by training or experience, or both, in family and children's services law and policy.
The Ombudsman educates the public; receives and investigates complaints; monitors child welfare procedures; reports annually; Has access to confidential information; maintains confidentiality; makes child fatality review recommendations.
Wyoming
Wyoming Department of Family Services, Complaint Resolution/Ombudsman
Conclusion
In closing today’s article, I just want to express to any of you combating the corruption of Child Protection Services that resources are out there for you, just make sure they operate outside of governmental and political control.
Respectfully yours,
*Jacob A. Billett, M.B.A*
CEO Billett Enterprises, Inc.
As always, I would like to than 
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