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A 3227

Authorizes the correctional association to inspect residential juvenile detention facilities

2025 Regular Session Introduced by Erik Dilan

Establishes an independent Office of the Ombudsman for Children to oversee and inspect child welfare facilities, access records, and investigate abuses to protect at-risk youth.

REFERRED TO CORRECTION
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WeVote Research Nonpartisan
Bill Summary · A 3227

Summary: A 3227 (Introduced as establishing the Office of the Ombudsman for Children)

Note: The bill’s introduced text focuses on establishing an Office of the Ombudsman for Children, its independence, powers, and duties—including inspection authority over various child welfare facilities. The title “Authorizes the correctional association to inspect residential juvenile detention facilities” appears not to align with the introduced language. The summary below reflects the introduced content.

Purpose and intent

  • Establishes the Office of the Ombudsman for Children (OOFC) within the Office of the Attorney General (OAG) in the Department of Law and Public Safety, but guarantees its independence from supervision or control by the department or other cabinet-level agencies.
  • Purpose of the OOFC:
    • Ensure effective, appropriate, and timely services for children at risk of abuse and neglect.
    • Respond to concerns and address needs of children in resource family care.
    • Ensure that children under state supervision due to abuse/neglect receive adequate and appropriate services.

Key provisions and changes

  • Establishment and placement
    • Creation of the Office of the Ombudsman for Children, allocated within the OAG for constitutional considerations, but independent of direct supervision.
    • The office is deemed a child protective agency for certain purposes under statute.
  • Appointment and tenure
    • Governor appoints the Ombudsman for Children.
    • Qualifications include training and experience; term is four years, with eligibility for successor appointment.
    • Vacancies filled by the Governor; an acting ombudsman may serve if a vacancy occurs before successor qualification.
  • Organization and scope
    • Ombudsman directs the office and staff to carry out duties.
  • Access to records and information
    • Broad access to records relating to care, custody, or education of a child, necessary to fulfill duties.
    • Reasonable access to records from the State’s child welfare information system (SW ACS) or successor; access limited to information available through the system.
    • Authority to issue subpoenas, compel attendance/testimony, and administer oaths; court enforcement possible.
  • Core duties and powers (selected)
    • Identify and report on systemic issues in the child welfare system, including foster care.
    • Ensure compliance with statutes, rules, regulations, policies, and contracts concerning facilities and services for children at-risk or in custody or out-of-home placement.
    • Promote public awareness of children’s rights and provide information/outreach to families.
    • Disseminate information about the OOFC’s duties, services, and contact methods.
    • Advise the Governor and Legislature on coordination among state departments to improve service delivery to children.
    • Investigate, review, monitor, or evaluate state agency responses to allegations of child abuse/neglect and out-of-placement scenarios.
    • Inspect and review operations, policies, procedures, and contracts of juvenile detention centers, resource family homes, group homes, residential treatment facilities, shelters, and other relevant settings where children are placed or cared for by state or local agencies.
    • Review procedures of agencies providing services to children at risk or in care; review private entities contracted for care and supervision of these children when necessary.
    • Intervene in administrative proceedings to protect the welfare and rights of children; negotiate, mediate, or use alternative dispute resolution as appropriate.
    • Hold public hearings on investigations or studies.
    • Maintain a 24-hour toll-free hotline for reporting problems to the OOFC.
  • Oversight and accountability tools
    • Unannounced site visits to facilities housing children when appropriate or necessary to fulfill duties.
    • Ability to initiate negotiations and pursue enforcement or corrective actions as part of advocacy.

Who is affected

  • Children in state care or at risk of abuse/neglect (including those in foster care, residential facilities, juvenile detention centers, group homes, shelters, and related settings).
  • State agencies and contractors involved in child welfare, including:
    • Department of Children and Families
    • Department of Health
    • Department of Community Affairs
    • Other public or private providers caring for or supervising children under state care
  • Families and guardians of affected children, via outreach, information, and complaint avenues.

Procedural and timeline aspects

  • Status: Referred to Correction (as of the latest legislative update).
  • Introduced date: January 9, 2024.
  • Related legislative actions:
    • S 2500 (companion bill) noted.
    • Additional related bills listed from prior sessions.
  • Sponsor: Erik Dilan (primary).

Potential impact

  • Enhanced, centralized civilian oversight of child welfare and related facilities.
  • Expanded transparency and accountability for facilities housing/judging care of at-risk or dependent children.
  • Increased ability to protect children through access to records, subpoenas, and investigative authority.
  • Potential changes in how juvenile detention centers and residential facilities are monitored and improved, due to ongoing investigations, public hearings, and coordination among state agencies.

If you’d like, I can tailor the summary to focus specifically on the bill’s implications for juvenile detention oversight or compare this bill to its companion (S 2500) for a side-by-side view.

Compiled from official sources — confirm details with the bill’s official record.

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