Montana Code 41-3-1215. Systemic oversight of child protective services activities
41-3-1215. Systemic oversight of child protective services activities. (1) The office of child and family ombudsman shall provide oversight of the child protective services provided by the department to identify and report on trends in the handling of the cases and make recommendations on ways to improve the child protective services system.
Terms Used In Montana Code 41-3-1215
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Protective services: means services provided by the department:
(i)to enable a child alleged to have been abused or neglected to remain safely in the home;
(ii)to enable a child alleged to have been abused or neglected who has been removed from the home to safely return to the home; or
(iii)to achieve permanency for a child adjudicated as a youth in need of care when circumstances and the best interests of the child prevent reunification with parents or a return to the home. See Montana Code 41-3-102
- Writing: includes printing. See Montana Code 1-1-203
(2)The office shall analyze information received, reviewed, and compiled by the ombudsman, including but not limited to:
(a)the reports provided pursuant to 41-3-209;
(b)the requests for assistance received by the office;
(c)policies and procedures used by the department in responding to and investigating reports of child abuse and neglect;
(d)findings relating to ombudsman investigations; and
(e)best practices for the handling of child abuse and neglect cases and the degree to which the department is using those practices.
(3)Based on the analysis, the ombudsman shall provide systemic and trend recommendations twice each calendar year to the department. The department shall respond to the recommendations within 60 days of receiving the report unless the department has requested in writing and received an extension of the deadline for response. The response must include a description of how it will implement the recommendations or justification as to why the department is not implementing the recommendations at that time.
(4)If the department fails to respond to the recommendations as required or provides justification as to why it is not implementing the recommendations, the ombudsman shall send the report to the governor, the director of the department, and the children, families, health, and human services interim committee.
(5)The ombudsman may carry out the oversight duties provided for in this section independently or in conjunction with other governmental bodies or nongovernmental research organizations, consistent with the disclosure and confidentiality provisions of 41-3-1211(5).