Utah Code 80-2-1104. Child protection ombudsman — Responsibility — Authority — Report
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(1) As used in this section:
Terms Used In Utah Code 80-2-1104
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Human Services created in Section
26B-1-201 . See Utah Code 80-1-102 - Dependent: A person dependent for support upon another.
- Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section80-3-301 ; or(66)(b) the day on which the child is returned home. See Utah Code 80-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(1)(a) “Complainant” means a person who initiates a complaint with the ombudsman.(1)(b) “Complaint” means a complaint regarding an act or omission by the division with respect to a particular child.(1)(c) “Ombudsman” means the child protection ombudsman appointed under this section.(2)(2)(a) There is created within the department the position of child protection ombudsman.(2)(b) The executive director of the department shall:(2)(b)(i) appoint an ombudsman who has:(2)(b)(i)(A) recognized executive and administrative capacity; and(2)(b)(i)(B) experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children; and(2)(b)(ii) select the ombudsman solely with regard to qualifications and fitness to discharge the duties of the ombudsman.(2)(c) The ombudsman shall:(2)(c)(i) serve at the pleasure of the executive director of the department; and(2)(c)(ii) devote full-time to the duties described in this section.(3) The ombudsman shall:(3)(a) unless the ombudsman decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child:(3)(a)(i) is contrary to statute, rule, or policy;(3)(a)(ii) places a child’s health or safety at risk;(3)(a)(iii) is made without an adequate statement of reason; or(3)(a)(iv) is based on irrelevant, immaterial, or erroneous grounds;(3)(b) notify the complainant and the division of:(3)(b)(i) the ombudsman’s decision to investigate or not investigate the complaint; and(3)(b)(ii) if the ombudsman decides not to investigate the complaint, the reason for the decision;(3)(c) if the ombudsman finds that a person’s act or omission violates state or federal criminal law, immediately report the finding to the appropriate county or district attorney or to the attorney general;(3)(d) immediately notify the division if the ombudsman finds that a child needs protective custody;(3)(e) prepare a written report of the findings and recommendations, if any, of each investigation;(3)(f) make recommendations to the division if the ombudsman finds that:(3)(f)(i) a matter should be further considered by the division;(3)(f)(ii) an administrative act should be addressed, modified, or canceled;(3)(f)(iii) action should be taken by the division with regard to one of the division’s employees; or(3)(f)(iv) any other action should be taken by the division;(3)(g) subject to Subsection (3), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern the following:(3)(g)(i) receiving and processing a complaint;(3)(g)(ii) notifying a complainant and the division regarding a decision to investigate or to decline to investigate a complaint;(3)(g)(iii) prioritizing workload;(3)(g)(iv) maximum time within which an investigation is required to be completed;(3)(g)(v) conducting an investigation;(3)(g)(vi) notifying a complainant and the division regarding the results of an investigation; and(3)(g)(vii) making recommendations based on the findings and results of investigations;(3)(h) within appropriations from the Legislature, employ staff as may be necessary to carry out the ombudsman’s duties under this section;(3)(i) provide information regarding the role, duties, and functions of the ombudsman to public agencies, private entities, and individuals; and(3)(j) as appropriate, make recommendations to the division regarding individual child welfare cases, and the rules, policies, and operations of the division.(4)(4)(a) The ombudsman may:(4)(a)(i) decline to investigate a complaint or continue an investigation of a complaint;(4)(a)(ii) conduct an investigation on the ombudsman’s own initiative;(4)(a)(iii) conduct further investigation upon the request of the complainant or upon the ombudsman’s own initiative; and(4)(a)(iv) advise a complainant to pursue administrative remedies or channels of a complaint before pursuing a complaint with the ombudsman.(4)(b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint directly to the ombudsman before pursuing an administrative remedy.(5)(5)(a) A record of the ombudsman regarding an individual child welfare case shall be classified in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act.(5)(b) The ombudsman shall have access to all of the department’s written and electronic records and databases, including those regarding individual child welfare cases.(5)(c) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the ombudsman shall maintain the same classification that was designated by the department. - Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: