Introduced
by
To clarify the duties of the state’s children's ombudsman regarding oversight of children under the supervision of the Family Independence Agency (FIA) and other private child placing agencies. In addition to its current duties, the office would be charged with effecting changes in policy, procedures, and legislation; educating the public; and investigating and reviewing actions of state agencies or entities receiving state funding. Any individual would be allowed to file a complaint. The ombudsman would have expanded authority and powers to investigate actions of the FIA or child placing agencies in cases of child abuse and child neglect. Information collected on a case would be exempt from Freedom of Information Act, but could be released to certain specified authorities, including legislative oversight committees.
Referred to the Committee on Families and Childrens Services
Reported without amendment
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.
The substitute passed by voice vote
Amendment offered
by
To eliminate provisions specifying that the child ombudsman serves at the pleasure of the governor and requiring the current ombudsman to be considered for the expanded position proposed by the bill, and authorize the procedure for selecting a new ombudsman to begin as soon as the bill becomes law, rather than after the current ombudsman departs. This removes provisions that would have the effect of “grand-fathering” the tenure of current Child Ombudsman Lynn Martinez.
The amendment passed by voice vote
Amendment offered
by
To strike out a provision requiring the ombudsman to use field investigation protocols and tools substantially similar to those developed to comply with state and federal law and procedural requirements. Investigations of this type are not part of the ombudsman's mission.
The amendment passed by voice vote
Amendment offered
by
To require the ombudman to pursue legislative advocacy in the best interests of children, rather than "all possible" legislative advocacy.
The amendment passed by voice vote
Amendment offered
by
To establish that confidential information collected by the ombudsman on a case would be exempt from disclosure under the Freedom of Information Act unless the agency determines that the public interest in disclosure outweighs the public interest in nondisclosure, or unless the information impairs the rights of the child or the child's parents or guardians.
The amendment passed by voice vote
Passed in the House 100 to 7 (details)
To expand the duties of the state’s children's ombudsman regarding oversight of children under the supervision of the Family Independence Agency (FIA) and other private child placing agencies. In addition to its current duties, the office would be charged with effecting changes in policy, procedures, and legislation; educating the public; and investigating and reviewing actions of state agencies or entities receiving state funding. Any individual would be allowed to file a complaint. The ombudsman would have expanded authority and powers to investigate actions of the FIA or child placing agencies in cases of child abuse and child neglect. Information collected on a case would be exempt from the Freedom of Information Act, but could be released to certain specified authorities, including legislative oversight committees.
Referred to the Committee on Families and Human Services
Reported without amendment
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that imposes greater procedural restrictions on the enhanced investigatory powers proposed for the ombudsman office.
The substitute passed by voice vote
Substitute offered
by
To replace the previous version of the bill with one that does not grant the ombudsman direct subpoena power, but authorizes the ombudsman to seek a subpoena of Family Independence Agency records from a court.
The substitute passed by voice vote
Amendment offered
by
To revise or clarify a number of details in various provisions of the bill. These do not change the substance of the bill as previously described.
The amendment passed by voice vote
Passed in the Senate 37 to 0 (details)
To expand the duties of the state’s children's ombudsman regarding oversight of children under the supervision of the Family Independence Agency (FIA) and other private child placing agencies. In addition to its current duties, the office would be charged with effecting changes in policy, procedures, and legislation; educating the public; and investigating and reviewing actions of state agencies or entities receiving state funding. Any individual would be allowed to file a complaint. The ombudsman would have expanded authority and powers to investigate actions of the FIA or child placing agencies in cases of child abuse and child neglect (but not direct subpoena power. Information collected on a case would be exempt from the Freedom of Information Act, but could be released to certain specified authorities, including legislative oversight committees.
Passed in the House 107 to 0 (details)
To concur with the Senate-passed version of the bill.
