State Child Welfare Policy Guide: Part of the Policy Matters Series

11.5 Independent Ombudsman Officer of Other Independent Advocate

When families and children experience frustrations or problems with the child welfare agency there are few avenues for resolution, this can lead to unsuccessful service plans, disrupted placements and communication barriers that prevent progress towards the family and child’s goals. An ombudsman or child advocate office is one effective approach to resolving complaints from citizens and professionals regarding the manner in which the agencies are serving children. The American Bar Association (ABA) defines “ombudsman” as “a government official who hears and investigates complaints by private citizens against government agencies” [i] The ABA recommends the following critical elements of an ombudsman office:

• Full independence from the agency in which the ombudsman operates.

• Qualified staff—that is, legal experts to investigate and substantiate rights violations, social services experts to monitor and evaluate the adequacy of treatment, and educational experts to determine the effectiveness of academic and vocational programming.

•  Sufficient funding and resources.

• Sufficient statutory authority to carry out investigations and mandate improvements.

• Ready access to youth, documents, records, and witnesses, in addition to subpoena power.

• Good-faith immunity from civil liability.

• Assurance that retaliation against a complainant in any form is prohibited.

• Lack of interference by officials or administrators of the agency or service provider that is the subject of the complaint.

Approximately 27 states have a children’s ombudsman, the majority of which were established through legislative action. [ii] The first of these efforts, the Rhode Island Office of the Child Advocate, was created to protect the legal rights of children in the care of the state through: the review of policies, procedures and legislation; investigation of complaints and child fatalities; recommendations for system wide reform; and monitoring of foster homes and institutional facilities. The New Jersey Office of the Child Advocate has subpoena power and the ability to bring legal action, which is the widest authority of the ombudsman offices nationally.  A study of the Children’s Ombudsman in Michigan determined that through the investigation of complaints changes occurred in the case management, child protective services investigations and service provision within the child welfare system. ^[iii]

Policy Option:   States can mandate oversight of individual treatment through an independent ombudsman office or other independent advocate.

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