SENATE, No. 595
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1996
By Senator McGREEVEY
An Act establishing the Office of the Ombudsman for Abused and Neglected Children and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Ombudsman for Abused and Neglected Children Act."
2. The Legislature finds and declares that there is a vital public need to establish as an agency of the State government the Office of the Ombudsman for Abused and Neglected Children to represent the interests of abused and neglected children and to serve as an independent entity within the child protective services system of this State.
3. There is established the Office of the Ombudsman for Abused and Neglected Children in the Executive Branch of the State Government. For purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of Human Services, but notwithstanding the allocation, the office shall be independent of any supervision or control by the department or any board or officer thereof.
4. The administrator and chief executive officer of the office shall be the ombudsman, who shall be a person qualified by training and experience to perform the duties of the office. The ombudsman shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of five years and until the appointment and qualification of the ombudsman's successor. The ombudsman shall devote his entire time to the duties of this position and shall receive such salary as shall be provided by law. A vacancy occurring in the position of ombudsman shall be filled in the same manner as the original appointment, except that if the ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting ombudsman who shall serve until the appointment and qualification of the ombudsman's successor, but in no event longer than six months from the occurrence of the vacancy, and who shall exercise during this period all the powers and duties of the ombudsman pursuant to this act.
5. The office shall:
a. Serve as an advocate for abused and neglected children in this State which is independent of the Division of Youth and Family Services of the Department of Human Services;
b. Assist the Governor and the Commissioner of Human Services in identifying abused and neglected child prevention and assistance priorities for development and funding;
c. Aid the Governor and the Commissioner of Human Services in proposing methods of achieving increased coordination and collaboration among State and local agencies to ensure maximum effectiveness and efficiency in the provision of child abuse and neglect prevention and assistance services;
d. Assist in any investigation relating to the death of a child under the supervision of the Division of Youth and Family Services and make information obtained by the office from such an investigation available to the Attorney General, the Superintendent of State Police and the Commissioner of Human Services;
e. Receive and investigate complaints about the Division of Youth and Family Services, in accordance with the provisions of section 6 of this act;
f. Disseminate information to the public about the causes and means of prevention of child abuse and neglect and sources of assistance for children and parents, and such related information as the office deems necessary to effectuate the purposes of this act;
g. Examine records of child abuse and neglect reports and all information obtained by the Division of Youth and Family Services during a child abuse or neglect investigation, pursuant to section 1 of P.L.1977, c.102 (C.9:6-8.10a), for the purpose of reviewing the division’s ability to protect the children under its care. The office may request that the State Auditor, pursuant to R.S.52:24-1 et seq., conduct a fiscal audit and programmatic analysis of the operational management of the division, as it may require; and
h. Report to the Governor and the Legislature at least every six months on the activities of the office and present such recommendations as the ombudsman deems appropriate and necessary to further the State's ability to protect and promote the interests of abused and neglected children.
6. a. The office shall establish and implement procedures for eliciting, receiving, processing, responding to, conducting and resolving complaints against the Division of Youth and Family Services from children, parents, guardians, relatives or interested citizens, public officials, or government agencies.
b. Upon receiving a complaint, the ombudsman shall conduct a prompt and thorough investigation. Within 24 hours of receipt of the report, the ombudsman shall notify the Commissioner of Human Services that the report has been received.
c. When the investigation is completed, findings and recommended action shall be prepared in a written report and submitted to the Commissioner of Human Services.
d. The person who filed the complaint shall be promptly notified that action is being taken.
e. Acting on complaint or on its own initiative, the office may investigate any act, practice, policy or procedure of the Division of Youth and Family Services.
f. The office may compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the office reasonably believes may be able to give information relating to a matter under investigation; or compel any person to produce at a specific time and place, by subpoena any documents, books, records, papers, objects, or other evidence which the office reasonably believes may relate to a matter under investigation.
g. The office need not investigate a complaint when it determines that:
(1) The complaint is trivial, frivolous, vexatious or not made in good faith;
(2) The complaint has been too long delayed to justify present investigation;
(3) The resources available, considering the established priorities, are insufficient for an adequate investigation; or
(4) The matter complained of is not within the investigatory authority of the office.
h. The office shall maintain a central registry of all complaints and all investigations, findings and recommended action. No information received and compiled in this registry shall be construed as a public record.
i. The office shall maintain a toll-free telephone, at least during regular working hours of the office, for the filing of complaints.
7. a. Subject to the provisions of subsections d. and g. of section 5 of this act, the office shall maintain confidentiality with respect to all matters in relation to any complaint, review or investigation together with identities of the complainants, witnesses or other persons involved, unless these persons authorize, in writing, the release of this information, except for such disclosures as may be necessary to enable the office to perform its duties and to support any opinions or recommendations that may result from a complaint or investigation. The investigatory files of the office, including all complaints and responses of the office to complaints, shall be maintained as confidential information. Release of pertinent records shall be at the discretion of the ombudsman. Nothing herein contained shall preclude the use by the office of material in its files, otherwise confidential, for the preparation and disclosure of statistical, case study and other pertinent data, provided that in any such use there shall be no disclosure of the identity or the means for discovering the identity of particular persons.
b. A person conducting or participating in an examination of a complaint or an investigation who shall disclose to any person other than the office, or those authorized by the ombudsman to receive it, the name of any witness examined, or any information obtained or given upon the examination or investigation is a disorderly person.
c. A statement or communication made by the office relevant to a complaint received by, proceeding before, or investigative activity of, the office, and a complaint or information made or provided in good faith by any person, shall be absolutely privileged, and this privilege shall be a complete defense in any action which alleges libel or slander.
d. The office shall not be required to disclose its records to, or testify in, a court with respect to matters held to be confidential in this section except as the court may deem necessary for determination of an issue before the court.
e. The office shall disclose its records to a grand jury upon the latter's determination that access to those records is necessary to the conduct of its official business.
f. The office shall disclose its records to any appropriate State legislative committee acting in the course of its official functions, except that no names or other identifying information shall be made available to the legislative committee unless it is absolutely essential to the legislative purpose.
8. The office is authorized to:
a. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the operation of the office and other matters that may be necessary to effectuate the purposes of this act;
b. Maintain offices in such places within the State as the office may designate;
c. Employ professional employees all of whom, except for the executive director, shall be in the State unclassified service and stenographic, clerical and other secretarial assistants all of whom shall be in the career service pursuant to Title 11A of the New Jersey Statutes;
d. Apply for and accept any grants of money from the federal government, private foundations or other sources, which may be available for programs related to child abuse and neglect; and
e. Enter into contracts with individuals, organizations and institutions necessary for the performance of the duties of the office under this act.
9. The office is entitled to call to its assistance and avail itself of the services of employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes. All departments, agencies and divisions are authorized and directed, to the extent not inconsistent with law, to cooperate with the Office of the Ombudsman for Abused and Neglected Children.
10. This act shall take effect on the 60th day after its enactment.
STATEMENT
This bill establishes the Office of the Ombudsman for Abused and Neglected Children in, but not of, the Department of Human Services. The office would:
● Serve as an advocate for abused and neglected children independent of the Division of Youth and Family Services (DYFS);
● Assist the Governor and the Commissioner of Human Services in identifying abused and neglected child prevention and assistance priorities for development and funding;
● Aid the Governor and the Commissioner of Human Services in proposing methods of achieving increased coordination and collaboration among State and local agencies to ensure maximum effectiveness and efficiency in the provision of child abuse and neglect prevention and assistance services;
● Assist in any investigation relating to the death of a child under DYFS supervision and make information obtained by the office from such an investigation available to the Attorney General, the Superintendent of State Police and the Commissioner of Human Services;
● Receive and investigate complaints about DYFS;
● Disseminate information to the public about the causes and means of prevention of child abuse and neglect and sources of assistance for children and parents, and such related information as the office deems necessary to effectuate the purposes of this act;
● Examine records of child abuse and neglect reports and all information obtained by DYFS during a child abuse or neglect investigation, for the purpose of reviewing the division’s ability to protect the children under its care. The office may also request that the State Auditor conduct a fiscal audit and programmatic analysis of the operational management of the division; and
● Report to the Governor and the Legislature at least every six months on the activities of the office and present such recommendations as the ombudsman deems appropriate and necessary to further the State's ability to protect and promote the interests of abused and neglected children.
Designated the "Ombudsman for Abused and Neglected Children Act."