TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 19

HEALTH AND SOCIAL SERVICES OMBUDSMAN

56-1903.  Complaints. (1) Complaints may be submitted to the ombudsman:

(a)  With respect to a particular service recipient, alleging an agency’s or department’s behavior or action was:

(i)   Contrary to law, rule, or policy;

(ii)  Imposed without an adequate statement of reason; or

(iii) Based on irrelevant, immaterial, or erroneous grounds;

(b)  By any of the following:

(i)   A service recipient, including a child under eighteen (18) years of age if the child is able to articulate a complaint;

(ii)  A biological parent of a service recipient;

(iii) A foster parent of a service recipient;

(iv)  An adoptive parent or a prospective adoptive parent of a service recipient;

(v)   A legally appointed guardian of the service recipient;

(vi)  A guardian ad litem for a service recipient;

(vii) A relative of a service recipient or any person with a legitimate interest;

(viii) A member of the Idaho senate or Idaho house of representatives; and

(ix)  An attorney for any individual described in this paragraph.

(2)  Upon receipt of a complaint, the ombudsman is authorized to conduct a review or examination of said complaint if, within the ombudsman’s sole discretion, the ombudsman deems the complaint meritorious and within the powers and duties of the office of the ombudsman.

(3)  When there is reasonable cause to believe maltreatment has resulted in death or serious physical injury jeopardizing the life, health, or safety of a service recipient, the ombudsman shall report such information as expeditiously as possible to the appropriate law enforcement agency.

(4)  When a complaint is made by an individual pursuant to subsection (1) of this section, if known, the complaint shall contain:

(a)  The name and address of the service recipient and the alleged perpetrator;

(b)  The nature and extent of the maltreatment; and

(c)  Any other known information that will be of assistance in the examination of the complaint.

History:

[56-1903, added 2024, ch. 188, sec. 2, p. 682.]