Children Ombudsman Offices in the
United States from Joseph Culligan
Children Ombudsman Offices in the United States ALASKA (Juneau and Anchorage)
and
The Office of Ombudsman in Alaska was established in 1975 to operate under the legislative branch of the State's government. Its role and powers are mandated by statute.Presently, there are 10 staff members and an annual operating budget of $700,000. In the past 2 years, funding has decreased, resulting in a significant cut in staff and the loss of an office located in the town of Fairbanks. However, at the same time, caseload has increased and demands on the agency have intensified. The ombudsman is well known and accessible to the public. The purpose of the Alaska State Ombudsman's Office is to assist the public with questions and complaints about State agencies as well as problems with the University of Alaska system. It receives many complaints involving children in care of the Division of Family and Youth Services. The staff will investigate these complaints and, if a problem is found, recommend solutions. Also, in child support enforcement cases, a major portion of the office's workload, the office serves as a link between parents and the Child Support Enforcement Division.21 Written reports required for all investigated casesare submitted to the agency against which the complaint is made, to the complainant, and when appropriate, to the legislature and Governor. Each year, the ombudsman submits a list of subjects that, based on the complaint pattern and the office's investigations, merit legislative attention. The office has also completed reviews of child fatalities, but that service is more often provided by the Division of Family and Youth Services or State law enforcement agencies. ARKANSAS Arkansas Advocates for Children and Families Arkansas Advocates for Children (AAFC) is a private, nonprofit organization funded by membership contributions. It was founded in 1977 by Hillary Rodham Clinton and concerned citizens. There are 5 staff members and 22 board members who have an operating budget of $400,000. The mission of the office is to advocate for children's rights and well-being.During the 1980's, the organization helped create the Governor's Commission on Early Childhood to ensure quality, affordable health care for all families. It successfully lobbied for legislation that would require mandatory participation in the Federal school breakfast and summer food programs, as well as for reforms to Arkansas' system of handling abused and neglected children. This led to more training for social workers and foster parents, along with improved placement and adoption procedures. Members are also responsible for updating Arkansas' juvenile justice system.In 1993, advocates established the Children's Data Center to help State agencies and policymakers direct resources for families. The reports and research studies the organization has produced on such topics as school dropout rates and children without health insurance have led to vital legislation that has been a model for all States. The Arkansas Advocates for Children testify before the legislature, work with State agencies, serve on government commissions, and develop collaboration between public and private agencies. COLORADO (Denver) Department of Social Services The Complaint Resolution Process within the Department of Social Services was established in 1993 by executive order. It is a public, government-funded agency staffed by three employees who assist the State government in meeting the needs of children in State care. The agency monitors placement facilities and serves approximately 50 children annually, submitting written reports to the Governor's office. It also makes presentations, convenes public hearings, and conducts studies released as public reports. In the past 2 years, staff, budget, and caseload have remained constant. CONNECTICUT Office of the Child Advocate Connecticut recently passed legislation to create an Office of the Child Advocate modeled after the Rhode Island version.Previously, many of the functions of an advocacy office were performed by other entities in the State. Unlike Rhode Island's system of child protection, there was no Connecticut State agency empowered to bring class action lawsuits on behalf of children. That function was generally assumed by the Connecticut Civil Liberties Union. Connecticut's Commission on Children, Department of Children and Families, and Department of Social Services fulfilled some of the duties of other States' child advocacy offices. In the wake of three Connecticut children's deaths within 8 days in the spring,on July 10, 1995, Governor John Rowland signed into law a measure establishing an Office of the Child Advocate responsible for all State programs involving the care of children. It provides that the Governor, with the approval of the General Assembly, appoint a child advocate knowledgeable about the child welfare system and the legal system. The child advocate may appoint such staff as deemed necessary. The Connecticut Office of the Child Advocate acts independently of any State department in performing its duties. These duties include reviewing procedures of any State department serving children or affecting children's rights; reviewing facilities and procedures of institutions or residences, public or private, where juveniles are placed by the Superior Court or Department of Children and Families; and reviewing policies and procedures for placement of special needs children. It investigates complaints when it appears that a child or family needs assistance. The office also evaluates delivery of services by agencies and entities providing State-funded services to children, recommends policy and procedural changes and proposals for systemic reform and formal legal action, conducts public education programs and legislative advocacy, provides training and technical assistance to guardians ad litem and special court-appointed advocates, and serves on the child fatality review panel. FLORIDA (Tallahassee) Human Rights Advocacy Committee Florida has a volunteer-staffed Human Rights Advocacy Committee (HRAC) in each of the 34 service districts of the Department of Health and Rehabilitative Services (HRS). The committees are overseen by an appellate body, the Statewide Human Rights Advocacy Committee (SHRAC). The statewide committee may investigate threats to life, safety, and health without referral from a district committee. A State-run agency established in 1979 by the legislature,SHRAC has three volunteer employees. It has a statutory mandate to perform advocacy services and is funded by the legislature. While it does handle child welfare cases, including review of child fatalities and monitoring of placement facilities, its purpose is to investigate all complaints regarding HRS and serve as a check and balance on its programs.The office, therefore, is considered to operate independently of HRS to act as an impartial third-party mediator between HRS and its clients. It submits annual reports to the State summarizing complaints, activities, and recommendations.It has reported that in the past 2 years, while the number of staff has remained constant, caseload has increased. ILLINOIS (Springfield) Department of Children and Family Services Inspector General The Ombuds' Office operates within the State of Illinois' Department of Children and Family Services (DCFS), but independently of the bureaucratic structure. It was established in 1973 by executive order to investigate and respond to concerns relating to child welfare issues. About 50,000 children are served annually. The office compiles written reports and makes presentations at conferences. Five ombudsmen are employed, though staff, budget, and caseload have decreased in the past few years. In 1993, the Illinois legislature created the position of inspector generalto oversee delivery of DCFS services and to investigate child fatalities and complaints regarding any employee, foster parent, service provider, or contractor of DCFS. The statute also mandated establishment of a toll-free hotline for foster parents. The inspector general is appointed by the Governor, reports to the DCFS director, and may make recommendations for sanctions against service providers under DCFS jurisdiction. The inspector general makes annual reports to the legislature and Governor, including recommendations for administrative and legislative action. KANSAS (Topeka) Ombudsman Program for Social and Rehabilitation Services The Ombudsman Program for Social and Rehabilitation Services was established in 1990 by executive order. The office is a State agency with 12 employees. The purposes of the office are to receive complaints, address concerns, and advocate for all children and adults within the system. Approximately 40 percent of cases involve children's issues. In the past 2 years, staff, budget, and caseload have remained constant. Inquiries and complaints are channeled through the Governor's Office and Social Rehabilitation Services. Recommendations to improve services are ordinarily made to the Youth Commission and occasionally to governmental authorities or legislative committees. The existence and functions of the office are well known and it is accessible to the public. Written reports are distributed statewide. The Youth Commission reviews child fatalities, monitors placement facilities, and uses legal staff to access the courts. KENTUCKY (Frankfort) Office of the Ombudsman The Office of Ombudsman, established by the legislature in 1980,is a State-operated agency within the State's Cabinet for Human Resources. It has 15 employees and an annual budget of $485,000, which is funded by the Federal and State governments. The office is statutorily mandated to advocate for citizens involved with cabinet services and particular government-funded programs and to respond to inquiries and complaints of cabinet members.Written reports are submitted to the Regulation cabinet, and recommendations for policy and procedural changes are made to governmental authorities. The functions of the office are well known, and the office is easily accessed by the public. In the past 2 years, staff, budget, and caseload level have all increased. A Juvenile Care Ombudsman Office is currently being established within a reorganized Office of the Ombudsman in accordance with a Federal court consent decree. MASSACHUSETTS (Boston) The Commonwealth of Massachusetts The Massachusetts Office for Children is a State agency charged with licensing and monitoring the child placement system. The Office for Children may work in conjunction with the Department of Social Services (DSS) to investigate complaints.DSS offices are regionalized and have experienced budgetary and staff increases in recent years. MICHIGAN (Lansing) Office of Children's Ombudsman Michigan's Office of Children's Ombudsman was created in January 1995 by the legislatureas a means of monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to children's protective services, the children's justice system, and the placement, supervision, and treatment of children in foster care and adoptive homes. It may conduct formal investigations, hold hearings, and request that people appear to give testimony and produce evidence. The office oversees and recommends improvements in children's programs of all State departments, including social services, mental health, and public health and education.The ombudsman is empowered to file petitions in court on behalf of children. In its first 8 months, the office opened 255 cases, closing 86 percent of them; 51.3 percent involved protective services, 8 percent foster care, 8.8 percent adoption services, and 32.1 percent a combination of those or other concerns. The ombudsman is appointed by the Governor, but acts independently of the Department of Management and Budget.The office makes recommendations to the Governor and legislature, which appropriated an $800,000 budget for 1995.At the end of its first year, it had 8 investigators and had handled more than 400 complaints, mostly concerning Department of Social Services protective services. MINNESOTA (St. Paul) Office of Ombudsman for Mental Health and Mental Retardation Minnesota has two ombudsman's offices whose responsibilities have an impact on children:the Office of Ombudsperson for Families and the Office of Ombudsman for Mental Health and Mental Retardation. The Ombudsman Roundtable, which formed in 1994 to allow the State's eight ombudsman offices to share expertise, prevents duplication of services. The Office of Ombudsperson for Families, an independent State agency, was created by the legislaturein 1991 to ensure that children of color and their families are guaranteed fair treatment by child protection agencies. The high rate of removal of children of color from their families was a condition that led to the office's creation. The office monitors agency compliance with all laws governing child protection and placement as they affect children of color. It ensures that court officials, public policymakers, and service providers are trained in cultural diversity; that experts from the appropriate community of color are available as court advocates and are consulted in placement decisions involving children of color; and that guardians ad litem and other individuals from communities of color are recruited, trained, and employed in court proceedings to advocate on behalf of children of color. Four ombudsmen are appointed, one each by the councils on Indian Affairs, Spanish-Speaking Affairs, Black Minnesotans, and Asian-Pacific Minnesotans.The Office of Ombudsman is equipped to receive complaints from any source concerning an action of an agency, facility, or program. Upon investigation and determination that a complaint has merit, the ombudsman may make recommendations to the agency and may send findings and conclusions to the Governor. The office also submits an annual report to the Governor. The Office of Ombudsman for Mental Health and Mental Retardation, established in 1987,is also an independent State agency that receives and investigates complaints involving actions of agencies, facilities, or programs. It provides advocacy and mediation on behalf of individual clients, conducts death and serious injury reviews, and makes recommendations to elected officials, government agencies, and service providers for improvement of mental disabilities service delivery.The office also submits annual reports to the Governor. Although the office reported that children are a small percentage of those it serves, it identified the need to develop a child's specialist position that can devote exclusive time to needs of children with emotional disturbance as a top priority in 1995.The ombudsman must receive reports of abuse and neglect leading to deaths of children placed in foster care or government facilities. The ombudsman also serves on a task force regarding residential and inpatient treatment services for children. The ombudsman, appointed by the Governor, has regional advocates throughout the State and a 15-member advisory board. NEW MEXICO (Santa Fe) Client Relation Liaison The Client Relation Office is a division of the Department of Children, Youth, and Family and does not operate independently. It does review child fatalities, and about 25 percent of those served by the office are children. It has just one employee who is responsible for tracking the validity of complaints and mediating between department fieldworkers and clients. There is no separate budget for the office, and its caseload has increased over the past 2 years. It was created by an administrative directive/executive order and is considered well known and accessible to the public. OKLAHOMA (Oklahoma City) Oklahoma Commission on Children and Youth The Oklahoma Commission on Children and Youth (OCCY) was established by the legislature on May 28, 1982,to develop and improve Oklahoma's services to children and youth by overseeing public and private children's services, facilitating coordination among public and private agencies, and funding model projects for effective services to children and youth. The commission has a statutory mandate to monitor public and private placement facilities for children. In addition, it has access to all children in those facilities as well as to all records. The commission can also convene public hearings and issue subpoenas. The majority of its work involves investigating allegations of misfeasance and malfeasance against the child welfare agency in its handling of child abuse cases. The commission oversees juvenile justice and delinquency programs, early childhood intervention programs, services for children with disabilities, mental health services for youth, the Child Death Review Board, and court-appointed special advocates. The office does not have the authority to litigate on behalf of children. The 16-member commissionmeets at least quarterly to consider proposals, approve agency budgets, hear staff reports, make appointments to councils and committees, and submit recommendations to the Governor, legislature, judicial system, and State agencies. The commission also issues public reports that include recommendations for system improvement and recommendations for correction of multiagency systems breakdowns. The reports also include requests for prosecution, when appropriate. SOUTH CAROLINA (Columbia) Office of the Governor The Foster Care Review Board was established in 1974 by the legislatureas a division of the Governor's office. The Division of Foster Care Review consists of 21 staff members serving on 35 review boards across the State. Twice annually, the agency conducts reviews regarding approximately 5,000 children in foster care, statistically evaluates foster care in South Carolina, and makes recommendations to the General Assembly and childcare facilities. The Governor's Office of Children's Affairs, part of the Governor's Office Division of Ombudsman and Citizen Services, has three units: the Children's Case Resolution System (CCRS), the Investigative Unit, and Ombudsman and Citizen Services. CCRS, established in 1986,reviews cases of children whose emotional, physical, and educational needs are not being met by the State's service delivery system. It facilitates interagency cooperation, assists in developing and implementing treatment plans, resolves disputes among State agencies with regard to delivery of services to children, and recommends improvements. It submits an annual report and other reports as necessary to the Governor and the Joint Legislative Committee on Children. The Investigative Unit is mandated to investigate abuse and neglect allegations involving children in public or private health facilities, agencies licensed by the Department of Health and Environmental Control, or facilities operated by the Department of Mental Health.The Office of Children's Affairs must initiate an investigation within 24 hours of a complaint and resolve it within 60 days. The Office of Children's Affairs also provides ombudsman services on behalf of families with children and on behalf of institutionalized children. It promotes and coordinates cooperation among State agencies serving special needs children and advocates for increased availability of children's services. TEXAS (Austin) Protective and Regulatory Services The Texas Department of Protective and Regulatory Services (PRS) Ombudsman Office was established in 1993 by administrative and legislative initiative.PRS is charged with protecting children and elderly or disabled adults; licensing residential childcare facilities, group daycare homes, daycare centers, and child-placing agencies; and registering family homes. The agency's board of directors and executive director created an ombudsman office to provide oversight and review of abuse and neglect investigations involving PRS services and to compile statistical data and prepare reports regarding investigations in facilities operated by State agencies. The ombudsman is a State-funded office with an annual operating budget of $385,487. The staff consists of a director, three associates, two consultants, and a receptionist. The agency is required to submit written reports to the State and elected officials. In the past 2 years, while the office's caseload increased, staff and budget decreased. The office investigates child fatalities only in special circumstancesand monitors only those placement facilities that have had complaints filed against them. Approximately 75 percent of those served are children (200,000+ annually). Inquiries and complaints come from professionals, caretakers, concerned adults, and children themselves. In its first 2 years, the agency responded to 2,803 inquiries involving Child Protective Services, Child Care Licensing, and Adult Protective Services. With the intention of becoming more accessible to the public, the office recently installed a 24-hour 800 number and is developing a handbook. Protective and Regulatory Services staff frequently make recommendations to the State legislature for alternative action, legislation, and policy changes. Child Fatality and Abuse Reviews
The agencies in this section perform some of the important functions of a children's ombudsman office: They conduct child fatality reviews and investigate abuse complaints. Multidisciplinary investigations of child deaths involving teams of medical, law enforcement, and childcare experts can be a catalyst for changes in policy, procedure, and law that have a direct effect on many children in State care. These are just a sample of the State and local agencies that exist throughout the United States. ARIZONA (Phoenix) Arizona Child Fatality Review Team The Arizona Child Fatality Review Team was established in 1992 by a legislative act.The team works in conjunction with the Arizona Department of Health Services to assist in the development of local child fatality review teams; to develop protocols for fatality investigations; to educate the public on incidence, causes, and prevention of child deaths; and to develop a child fatality data collection system.The members of the team represent a wide range of interests and organizations, including, but not limited to, the Attorney General's Office, the Governor's Office for Children, the Navajo Nation, and a child advocate not employed by the State. The team held its first meeting in December 1993 and continues to meet bimonthly. Focusing on public health aspects of child fatalities, the team endeavors to reduce preventable child fatalities through interdisciplinary training; community-based prevention education; and systematic, multidisciplinary, multiagency, and multimodality review of child fatalities in the State. A State data system showed that 350 cases have been reviewed since June 1994.The team submits an annual report to the Governor and legislatureand makes recommendations for legislation and public policy. The team's funding is derived from a surcharge on certified copies of death certificates.The budget for the 1993-94 fiscal year was $100,000. Arizona has been selected by the American Bar Association Center on Children and the Law and the Los Angeles County Council on Child Abuse and Neglect as a pilot site for development of a national model for training State and local fatality teams. MISSOURI (Jefferson City) The State Technical Assistance Team The State Technical Assistance Team (STAT) works in conjunction with the Missouri Department of Social Services. The team was created when House Bill 185 was passed in 1991 and signed into law by Governor John Ashcroft to establish a statewide, county-based system of child fatality review panels. The Department of Social Services and STAT were given primary responsibility for implementing the legislation,which requires that Missouri have 115 county-based multidisciplinary Child Fatality Review Programs (CFRP) to examine the deaths of children up to age 17. CFRP panels consist of local community professionals who attempt to identify the cause and circumstances of child deaths. Regional coordinators offer oversight and technical assistance. An appointed State panel provides further oversight and makes recommendations for change and refinement. Findings of the panels can be used to determine trends, target prevention strategies, identify family and community needs, or, when appropriate, support criminal justice intervention. Reviews are not open to the public, and specific case details are not divulged. STAT assists the regions and panels with expert training and investigative assistance. Recognizing the importance of multidisciplinary interaction in dealing with dysfunctional families, child abuse, and neglect, the team acts as an intermediary to bring agencies that have dual roles and responsibilities together to address problem issues. It collects information and data to identify patterns and risks to children and makes CFRP-related presentations to professional and civic organizations. It also develops teams to investigate the sexual abuse of childrenand is a resource (via an 800 number, pagers, and oncall investigators) for referral, technical, and informational support on children's concerns. Public Education
The offices in this section strive to strengthen and enhance public awareness of agencies working with children through public information campaigns. Advocacy efforts of these offices bring problems to public attention in order to promote policy changes, legislative initiatives, and enhanced resources for children. This is another very important function of an ombudsman office for children, who are often voiceless victims in child welfare systems across the country. The following agencies responded to the Child Advocate Office's request for information and are only a sample of these types of offices that exist throughout the United States. ARIZONA (Phoenix) Children's Action Alliance The Children's Action Alliance (CAA), a private, nonprofit organization, was founded in 1988 by concerned business and community leaders. To build support for public and private investments in successful policies and programs, CAA strives to focus attention on children's issues through research, publications, media campaigns, public education, and advocacy. Its projects include the Arizona Children's Campaign, which brings together citizens and civic leaders to impact public policy and State fiscal priorities through public information and development of legislation. CAA publishes an annual report, The State of Arizona's Children,and Arizona Kids Count, which contains data on health, social, educational, and economic problems,and a compilation of child welfare questions and a platform for children to inform candidates for public office.The Alliance was a prime supporter of Arizona's "Success by 6" legislation, intended to ensure that all children were ready for school by the age of 6, which created controversy statewide in 1994. GEORGIA (Atlanta) Child Welfare Institute The Child Welfare Institute, founded in 1984, is a private, nonprofit organization that provides training and consultation services to more than 35 States, the District of Columbia, and several foreign governments. The organization's mission is to enhance the ability of child welfare agencies to protect children, preserve families, build families through adoption, and prepare youth for adult life. The institute offers assistance with agency assessment, planning, staff training, and implementation of policy and procedure changes. Its program models include Partnerships in Parenting, which assists agencies in delivering their services in partnership with parents. MICHIGAN (Lansing) The Michigan Association of Children's Alliances The Michigan Association of Children's Alliances (MACA) was formed in 1957. It is a nonprofit 501(c)3 corporation whose membership includes private and public agencies (64 in 1995) and individuals.Its mission is to improve services to children and their families to ensure that each child has access to the resources he or she needs to promote physical, emotional, and intellectual growth and development. MACA also focuses on public education and advocacy, along with education and training for foster parents and professionals who work for or with children. |