SECTIONS 16160-16167 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 16160-16167

16160. The Legislature finds and declares that the people of
California have benefited from the establishment of a long-term care
ombudsperson pursuant to Section 9710 of the Welfare and Institutions
Code and a child care ombudsperson program pursuant to Section
1596.872a of the Health and Safety Code. It is the intent of the
Legislature to provide similar protections for foster children by
establishing a foster care ombudsperson program within the State
Department of Social Services.

16161. The Office of the State Foster Care Ombudsperson shall be
established as an autonomous entity within the department for the
purpose of providing children who are placed in foster care, either
voluntarily or pursuant to Section 300 and Sections 600 and
following, with a means to resolve issues related to their care,
placement, or services.

16162. The director, in consultation with a committee of interested
individuals, shall appoint an ombudsperson qualified by training and
experience to perform the duties of the office for a term of four
years. The director may reappoint the ombudsperson for consecutive
terms. The director shall select the committee members, the majority
of whom shall be representatives of children's advocacy organizations
and current or former foster youth.

16163. The department shall hire the necessary personnel to perform
the functions of the office. Priority shall be given to former
foster youth in hiring decisions.

16164. (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
(1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The rights of
children and youths in foster care are listed in Section 16001.9. The
information shall include notification that conversations with the
office may not be confidential.
(2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
(3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
(4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
(5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
(6) Document the number, source, origin, location, and nature of
complaints.
(7) (A) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, including the type and source of those
complaints, the number of investigations performed by the office, the
trends and issues that arose in the course of investigating
complaints, the number of referrals made, and the number of pending
complaints.
(B) Present this compiled data, on an annual basis, at appropriate
child welfare conferences, forums, and other events, as determined
by the department, that may include presentations to, but are not
limited to, representatives of the Legislature, the County Welfare
Directors Association, child welfare organizations, children's
advocacy groups, consumer and service provider organizations, and
other interested parties.
(C) It is the intent of the Legislature that representatives of
the organizations described in subparagraph (B) consider this data in
the development of any recommendations offered toward improving the
child welfare system.
(D) The compiled data shall be posted so that it is available to
the public on the existing Web site of the State Foster Care
Ombudsperson.
(8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities, and may meet or
communicate with any foster child in his or her placement or
elsewhere.
(b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
(c) (1) The office, in consultation with the California Welfare
Directors Association, Chief Probation Officers of California, foster
youth advocate and support groups, groups representing children,
families, foster parents, children's facilities, and other interested
parties, shall develop, no later than July 1, 2002, standardized
information explaining the rights specified in Section 16001.9. The
information shall be developed in an age-appropriate manner, and
shall reflect any relevant licensing requirements with respect to
foster care providers' responsibilities to adequately supervise
children in care.
(2) The office, counties, foster care providers, and others may
use the information developed in paragraph (1) in carrying out their
responsibilities to inform foster children and youth of their rights
pursuant to Section 1530.91 of the Health and Safety Code, Sections
27 and 16501.1, and this section.

16165. In his or her efforts to resolve complaints related to
foster care, the ombudsperson may do all of the following:
(a) Conduct whatever investigation he or she deems necessary.
(b) Attempt to resolve the complaint informally.
(c) Submit a written plan to the relevant state or county agency
recommending a course of action to resolve the complaint. If the
ombudsperson makes a written recommendation, the state or county
agency shall submit a written response to the ombudsperson within 30
business days.

16167. (a) A toll-free number shall be established for the office.
(b) Social workers shall provide foster children with the
toll-free number for the office and verbal or written information
regarding the existence and purpose of the office.