OFFICE OF THE FAMILY AND CHILDREN'S OMBUDSMAN

Notes:

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

(1) Subject to confirmation by the senate, the governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children's services law and policy. Prior to the appointment, the governor shall consult with, and may receive recommendations from the committee, regarding the selection of the ombudsman.

     (2) The person appointed ombudsman shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.

[1998 c 288 § 7; 1996 c 131 § 3.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

The ombudsman shall perform the following duties:

     (1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services;

     (2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter;

     (3) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring children's health and safety;

     (4) Review periodically the facilities and procedures of state institutions serving children, and state-licensed facilities or residences;

     (5) Recommend changes in the procedures for addressing the needs of families and children;

     (6) Submit annually to the committee and to the governor by November 1 a report analyzing the work of the office including recommendations;

     (7) Grant the committee access to all relevant records in the possession of the ombudsman unless prohibited by law; and

     (8) Adopt rules necessary to implement this chapter.

[1996 c 131 § 4.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

The ombudsman shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombudsman are confidential and are exempt from public disclosure under chapter 42.56 RCW.

[2005 c 274 § 294; 1996 c 131 § 6.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

Neither the ombudsman nor the ombudsman's staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the ombudsman or of the ombudsman's staff. All related memoranda, work product, notes, and case files of the ombudsman's office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding. This section shall not apply to the *legislative oversight committee.

[1998 c 288 § 1.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

Identifying information about complainants or witnesses shall not be subject to any method of legal compulsion, nor shall such information be revealed to the *legislative oversight committee or the governor except under the following circumstances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the ombudsman or ombudsman's office when the identifying information is necessary to the investigation of the ombudsman's acts; or (3) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the ombudsman or ombudsman's office when the identifying information is necessary to the investigation of the ombudsman' [ombudsman's] acts.

     For the purposes of this section, "identifying information" includes the complainant's or witness's name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members.

[1998 c 288 § 2.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

The privilege described in RCW 43.06A.060 does not apply when:

     (1) The ombudsman or ombudsman's staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;

     (2) The ombudsman or a member of the ombudsman's staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;

     (3) The ombudsman has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombudsman's office; or

     (4) The ombudsman or ombudsman's staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children's ombudsman or any volunteer in the ombudsman's office, to comply with RCW 26.44.030.

[1998 c 288 § 3.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

(1) An employee of the office of the family and children's ombudsman is not liable for good faith performance of responsibilities under this chapter.

     (2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of the department, an employee of a contracting agency of the department, a foster parent, or a recipient of family and children's services for any communication made, or information given or disclosed, to aid the office of the family and children's ombudsman in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

     (3) All communications by an ombudsman, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense in any action in libel or slander.

[2009 c 88 § 2; 1999 c 390 § 7.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

When the ombudsman or ombudsman's staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman or ombudsman's staff member shall report the matter, or cause a report to be made, to the appropriate authorities.

[1998 c 288 § 4.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

The department of social and health services shall:

     (1) Allow the ombudsman or the ombudsman's designee to communicate privately with any child in the custody of the department for the purposes of carrying out its duties under this chapter;

     (2) Permit the ombudsman or the ombudsman's designee physical access to state institutions serving children, and state licensed facilities or residences for the purpose of carrying out its duties under this chapter;

     (3) Upon the ombudsman's request, grant the ombudsman or the ombudsman's designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsman considers necessary in an investigation; and

     (4) Grant the office of the family and children's ombudsman unrestricted online access to the case and management information system (CAMIS) or any successor information system for the purpose of carrying out its duties under this chapter.

[2008 c 211 § 3; 1999 c 390 § 5.]

     *** CHANGE IN 2013 *** (SEE 5077-S.SL) ***

The office of the family and children's ombudsman shall issue an annual report to the legislature on the status of the implementation of child fatality review recommendations.

[2008 c 211 § 2.]

Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030.

[1998 c 288 § 5.]