TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 19

HEALTH AND SOCIAL SERVICES OMBUDSMAN

56-1904.  complaint review and examination. (1) Upon receipt of a complaint, or upon the ombudsman’s own initiative, the ombudsman may:

(a)  Determine if a complaint involves any action by the department of health and welfare or any other state agency or department that provides health and social services in this state to service recipients;

(b)  Review an alleged violation of the rights of a service recipient or service recipient’s legal guardian;

(c)  When a child may have died as a result of alleged abuse or neglect while receiving foster care or protective supervision services or after being placed for adoption:

(i)   Initiate examinations of actions taken by the department of health and welfare or any state agency that provides health and social services in this state;

(ii)  Pursue all necessary action, including legal action, to protect the child’s welfare and rights;

(iii) Review policies and make recommendations for improvements regarding any agency’s or department’s involvement with children; and

(iv)  Commence and conduct investigations into alleged violations of the rights of a foster parent;

(d)  Access records and reports to the same extent and in the same manner as provided to any department or agency, court of any jurisdiction, the attorney general, prosecuting attorney, or any attorney retained by a state agency or department to the same extent and in the same manner as provided to the department of health and welfare;

(e)  Pursue, through subpoena or otherwise, the production of documents necessary to carry out the ombudsman’s role pursuant to this chapter and seek enforcement from a court of relevant jurisdiction;

(f)  Hold fact finding hearings and request individuals to appear before the ombudsman to give testimony or produce documents or other evidence that the ombudsman considers relevant to a matter under examination; and

(g)  At any time, make independent recommendations without prior review by any other agency, department, office, or official concerning improvements to health and social services and the rapid implementation of such. No entity may prohibit the release of an ombudsman recommendation to the governor, the legislature, or the courts.

(2)  If, in the course of conducting an examination into a complaint, the ombudsman suspects an individual has committed a crime, the ombudsman shall immediately inform the proper authorities.

(3)  Upon completion of an examination into a complaint, the ombudsman shall prepare a final report of the complaint review. If maltreatment of a service recipient or violation of the rights of the service recipient is substantiated, the final report shall be made available to law enforcement.

History:

[56-1904, added 2024, ch. 188, sec. 2, p. 682.]