S2500

An Act establishing the Office of the Ombudsman for Children and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established, in but not of the Office of the Attorney General in the Department of Law and Public Safety, the Office of the Ombudsman for Children. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Ombudsman for Children is hereby allocated within the Office of the Attorney General, but notwithstanding this allocation, the office shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet-level department, board, or officer thereof.

The purpose of the office shall be to ensure the provision of effective, appropriate, and timely services for children at risk of abuse and neglect in the State, respond to the concerns and addressing the needs of children in the resource family care, and that children under State supervision due to child abuse or neglect are served adequately and appropriately by the State.

b. The Governor shall appoint an Ombudsman for Children who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism. The ombudsman shall serve for a term of four years and until the appointment and qualification of his successor. A vacancy occurring in the position of the ombudsman shall be filled in the same manner as the original appointment, except that if the ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting ombudsman who shall serve until the appointment and qualification of the ombudsman's successor.

c. The ombudsman shall organize and direct the work of the office, including the work of professional and clerical staff, as may be necessary to carry out the ombudsman's duties.

d. The Office of the Ombudsman for Children shall be deemed a child protective agency for the purposes of section 1 of P.L.1977, c.102 (C.9:6-8.10a).

2. a. Consistent with the provisions of federal and State law the Ombudsman for Children shall:

(1) have access to, and the right to inspect and copy, any records, relating to the care, custody, or education of a child, necessary to carry out the responsibilities of the ombudsman under this act; and

(2) have reasonable access to, and the right to copy any records from the Department of Children and Families’ Statewide Automated Child Welfare Information System, or its successor, necessary to carry out its responsibilities under this act; except that, access provided to the Statewide Automated Child Welfare Information System, or its successor, shall be limited to information available through the system.

b. The ombudsman may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the investigation of the ombudsman. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the ombudsman may apply to the Superior Court, which may order the person to appear and give testimony or produce the books, papers, or other documents, as applicable.

3. a. The duties of the Ombudsman for Children shall include, but shall not be limited to:

(1) identifying and reporting on systemic issues and responses relating to the child welfare system, including the State’s foster care system, upon which the Governor and Legislature may act;

(2) ensuring compliance with relevant statutes, rules, regulations, policies, and contracts concerning facilities, services, and treatment of children under the jurisdiction of any State agency or department providing services to children who are at risk of abuse or neglect, children in State or institutional custody, children in out-of-home placement, and children who receive child protective or permanency services;

(3) promoting public awareness of the rights of, and providing information and outreach to, children in the care and custody of the State’s child welfare and foster care system and their families;

(4) disseminating information to the public on the duties of the office, services the ombudsman provides, and the methods by which the ombudsman may be contacted; and

(5) aiding the Governor and the Legislature in proposing methods of achieving increased coordination and collaboration among State departments and agencies to ensure maximum effectiveness and efficiency in the provision of services to children.

b. The ombudsman shall:

(1) investigate, review, monitor, or evaluate any State agency response to, or disposition of, an allegation of child abuse or neglect in this State, or the out-of-placement of children under the care, custody, and supervision of the State;

(2) inspect and review the operations, policies, procedures, and contracts of all juvenile detention centers or facilities, resource family homes, group homes, residential treatment facilities, shelters for care of abused or neglected children, homeless youth, or juveniles considered as juvenile-family crisis centers, or independent living arrangements operated, licensed, or approved for payment, by the Departments of Children and Families, Community Affairs, or Health, or any other public or private setting in which a child has been placed by a State or county agency or department;

(3) review, evaluate, report on, and make recommendations concerning the procedures established by any State agency providing services to children who are at risk of abuse or neglect, children in State or institutional custody, children in out-of-home placement, and children who receive child protective or permanency services;

(4) review, monitor, and report on the performance of State-funded private entities charged with the care and supervision of children due to abuse or neglect or children , as deemed necessary by the ombudsman to assess the performance of the entities;

(5) intervene in or institute administrative proceedings before any department, commission, agency, or State board, to assert the broad public interest of the State in the welfare of children and to protect and promote the rights of children. In taking such actions, the ombudsman shall consider whether a child or family may be in need of assistance from the ombudsman or whether there is a systemic issue in the State's provision of services to children that should be addressed. The ombudsman shall make a good faith effort to resolve issues or problems, and shall have the authority to commence negotiations, mediation, or alternative dispute resolution in its advocacy efforts prior to, or in lieu of, the initiation of any action brought pursuant to this section;

(6) hold a public hearing on the subject of an investigation or study underway by the ombudsman, and receive testimony from agency and program representatives, the public, and other interested parties, as the ombudsman deems appropriate; and

(7) establish and maintain a 24-hour toll-free telephone hotline to receive and respond to calls from members of the public referring problems to the ombudsman, both individual and systemic, in how the State, through its agencies or contract services, protects children.

c. In exercising the authority provided in subsection b. of this section, the ombudsman shall:

(1) conduct unannounced site visits to any institution or facility to which children are committed or placed if the ombudsman, prior to conducting an unannounced site visit, has initiated a project or investigation into the response or disposition of an allegation of abuse or neglect and there is a reasonable basis to believe that an unannounced site visit is necessary to carry out the ombudsman’s responsibilities under this act, provided, however, that any unannounced site visit shall be conducted at a reasonable time and in a reasonable manner; and

(2) consult with any appropriate State, county or municipal agency, or a State-funded private entity providing services to children, and may request from any such entity, and the entity is hereby authorized and directed to provide, cooperation and assistance as will enable the ombudsman to properly perform the responsibilities of office under this act.

d. In exercising the authority provided in subsection b. of this section, the ombudsman shall have discretion to decide whether to intervene in any particular matter or to represent or refrain from representing the public interest in a proceeding. In exercising the ombudsman’s discretion, the ombudsman shall consider the resources available, the importance and extent of the public interest involved, and whether that interest would be adequately represented without the action of the ombudsman.

4. a. If the Ombudsman for Children identifies a systemic problem in how the State, through its agencies or contract services, protects children, the ombudsman shall meet with the State agency or agencies with jurisdiction to provide a reasonable opportunity to discuss the problem and identify possible responses the agency may consider. Taking into account any information provided during the meeting and discussion, the ombudsman shall provide its findings and recommendations to the agency affected by the findings and recommendations, and, except as provided in subsections b. and c. of section 7 of this act, make those findings and recommendations available to the public.

b. Within 45 days from the receipt of the ombudsman's findings and recommendations, the agency shall develop a corrective action plan that addresses the findings and recommendations of the ombudsman and specifies what actions, if any, the agency will take in response to the systemic problem identified by the ombudsman, which response may be developed in conjunction with the ombudsman.

c. The agency shall submit its corrective action plan to the head of the relevant department or departments with jurisdiction over the agency and simultaneously provide a copy to the ombudsman.

d. The ombudsman shall monitor an agency's implementation of its corrective action plan, and shall require that the agency provide the ombudsman with periodic reports on the status of the actions taken by the agency pursuant to its corrective action plan. The ombudsman shall monitor the agency’s implementation of its corrective action response for a period of one year, during which time the agency shall provide the ombudsman with quarterly reports. The agency’s obligation to provide quarterly reports on the implementation of its corrective action plan may exceed a period of one year if the ombudsman and the agency jointly agree that an extended reporting period is appropriate.

e. If an agency fails to promptly and adequately implement a corrective action plan, the ombudsman shall take such action as the ombudsman deems necessary.

f. An agency shall make public the corrective action plan and the quarterly status reports required by this subsection d. of this section, except that the agency may provide to the ombudsman an additional response or report containing confidential information.

5. a. The Ombudsman for Children shall seek the approval of a parent, guardian, or law guardian, as applicable, or obtain the approval of a court of competent jurisdiction so as to communicate directly with a child who is the subject of a complaint or allegation of child abuse or neglect, if necessary to conduct an investigation authorized under the provisions of this act. The communications with the child shall be conducted under terms and conditions that protect the best interests of the child.

b. If court approval is sought, the court, in reviewing an application for approval, shall consider:

(1) the best interests of the child, so as to minimize any detrimental effects on the child that may occur as a result of the communication; and

(2) the investigative needs of the ombudsman and law enforcement authorities, when applicable. Upon consideration of the factors in this subsection, the court may order any alternative methods for obtaining the required information.

6. a. The Ombudsman for Children shall report annually to the Governor, the Commissioner of Children and Families, and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on:

(1) the activities of the office;

(2) priorities for children's services that have been identified by the ombudsman; and

(3) recommendations for improvement or needed changes concerning the provision of services to children who are at risk of abuse or neglect, children in State or institutional custody, children in out-of-home placement, and children who receive child protective or permanency services by State agencies and State-funded private entities.

b. The annual report shall be made available to the public and posted on the Office of the Attorney General’s and the Department of Children and Families’ internet websites.

7. a. The Ombudsman for Children shall make public its findings of investigation reports or other studies undertaken by the office, including its investigatory findings to complaints received pursuant to section 3 of this act, and shall forward any publicly reported findings to the Governor, the Legislature, the Commissioner of Children and Families, and the affected public agencies.

b. The ombudsman shall not disclose:

(1) any information that would likely endanger the life, safety, or physical or emotional well-being of a child, or the life or safety of a person who filed a complaint or which may compromise the integrity of a State or county department or agency investigation, civil or criminal investigation, or judicial or administrative proceeding; and

(2) the name of or any other information identifying the person who filed a complaint with, or otherwise provided information to, the office without the written consent of that person. The information subject to the provisions of this subsection shall not be considered a public record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).

c. The ombudsman shall not disclose any information that may be deemed confidential by federal or State law, except when necessary to allow the Department of Children and Families, Attorney General, Juvenile Justice Commission, and other State or county department or agency to perform its duties and obligations under the law.

8. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Ombudsman for Children may adopt any rules and regulations necessary to effectuate the purposes of this act.

9. This act shall take effect immediately.

STATEMENT

This bill establishes the Office of the Ombudsman for Children in, but not of, the Office of the Attorney General in the Department of Law and Public Safety. The bill provides that the office is to ensure the provision of effective, appropriate, and timely services for children at risk of abuse and neglect in the State, respond to the concerns and addressing the needs of children in the resource family care, and that children under State supervision due to child abuse or neglect are served adequately and appropriately by the State. The Office of the Ombudsman for Children is deemed a child protective agency for the purposes of N.J.S.A.9:6-8.10a.

The bill requires the ombudsman to: (1) investigate, review, monitor, or evaluate any State agency response to, or disposition of, an allegation of child abuse or neglect in this State, or the out-of-placement of children under the care, custody, and supervision of the State; (2) inspect and review the operations, policies, procedures, and contracts of all juvenile detention centers or facilities, resource family homes, group homes, residential treatment facilities, shelters for care of abused or neglected children, homeless youth, or juveniles considered as juvenile-family crisis centers, or independent living arrangements operated, licensed, or approved for payment, by the Departments of Children and Families, Community Affairs, or Health, or any other public or private setting in which a child has been placed by a State or county agency or department; (3) review, evaluate, report on, and make recommendations concerning the procedures established by any State agency providing services to children who are at risk of abuse or neglect, children in State or institutional custody, children in out-of-home placement, and children who receive child protective or permanency services; (4) review, monitor, and report on the performance of State-funded private entities charged with the care and supervision of children due to abuse or neglect or children, as deemed necessary by the ombudsman to assess the performance of the entities; (5) intervene in or institute administrative proceedings before any department, commission, agency, or State board, to assert the broad public interest of the State in the welfare of children and to protect and promote the rights of children; (6) hold a public hearing on the subject of an investigation or study underway by the ombudsman, and receive testimony from agency and program representatives, the public, and other interested parties, as the ombudsman deems appropriate; and (7) establish and maintain a 24-hour toll-free telephone hotline to receive and respond to calls from members of the public referring problems to the ombudsman, both individual and systemic, in how the State, through its agencies or contract services, protects children.

The bill also provides that the ombudsman report annually to the Governor, Commissioner of Children and Families, and Legislature on: (1) the activities of the office; (2) priorities for children's services that have been identified by the ombudsman; and (3) recommendations for improvement or needed changes concerning the provision of services to children who are at risk of abuse or neglect, children in State or institutional custody, children in out-of-home placement, and children who receive child protective or permanency services by State agencies and State-funded private entities. The report is to be posted on the Office of the Attorney General’s and the Department of Children and Families’ websites.