2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 5 - Social Services
Chapter 82 - Victims of Violent Crimes
Subchapter 2 - Arkansas Child Abuse/Rape/Domestic Violence Commission
§ 20-82-211. Child Welfare Ombudsman Division — Creation — Powers and duties

(a)

1. (1) There is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission the Child Welfare Ombudsman Division.

2. (2) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission shall:

   1. (A) Hire a Child Welfare Ombudsman; and

   2. (B) Supervise the Child Welfare Ombudsman.

3. (3) The Child Welfare Ombudsman shall not be supervised by the members of the Arkansas Child Abuse/Rape/Domestic Violence Commission.

4. (4) The minimum qualifications for the Child Welfare Ombudsman shall include:

   1. (A) A master's degree in:

      1. (i) Social work;

      2. (ii) Psychology; or

      3. (iii) A related field; or

   2. (B) Comparable experience in one (1) or more programs that serve juveniles and families who are involved in dependency-neglect proceedings.

5. (5) The Child Welfare Ombudsman shall have the following powers and duties:

   1. (A) The duty to work independently of the:

      1. (i) Department of Human Services;

      2. (ii) Administrative Office of the Courts;

      3. (iii) Commission for Parent Counsel;

      4. (iv) Attorney Ad Litem Program;

      5. (v) Arkansas Public Defender Commission; and

      6. (vi) Arkansas Court Appointed Special Advocates program;

   2. (B) The duty to communicate with a:

      1. (i) Juvenile after the approval of, and subject to the conditions set by, the:

         1. (a) Dependency-neglect attorney ad litem appointed to the juvenile; or

         2. (b) Attorney for the juvenile if the juvenile has an attorney other than a dependency-neglect attorney ad litem; and

      2. (ii) Parent of a juvenile after the approval of, and subject to the conditions set by, the attorney for the parent if the parent has an attorney;

   3. (C) The authority to access a record as allowed by law;

   4. (D) The duty to review and recommend necessary changes to procedures under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other laws relevant to the operation of the child welfare system that are applicable to the:

      1. (i) Department of Human Services;

      2. (ii) Division of Arkansas State Police;

      3. (iii) Administrative Office of the Courts;

      4. (iv) Attorney Ad Litem Program;

      5. (v) Commission for Parent Counsel;

      6. (vi) Arkansas Public Defender Commission; and

      7. (vii) Arkansas Court Appointed Special Advocates program;

   5. (E) The duty to review an issue or concern related to a court case or investigation of a juvenile if it appears that the juvenile, parent of the juvenile, foster parent of the juvenile, relative of the juvenile, or fictive kin of the juvenile may need assistance from the child welfare ombudsman;

   6. (F) The duty to provide training and technical assistance if a request is received from:

      1. (i) A member of the child welfare system;

      2. (ii) The General Assembly; or

      3. (iii) The office of the Governor;

   7. (G) The duty to make the public aware of the Child Welfare Ombudsman Division and the contact information for the Child Welfare Ombudsman Division; and

   8. (H)

      1. (i) The duty to prepare an annual report concerning the work of the Child Welfare Ombudsman Division, the operation of the child welfare system, and any recommendations related to the operation of the child welfare system.

      2. (ii) The Child Welfare Ombudsman Division shall submit the annual report to the:

         1. (a) Governor;

         2. (b) Secretary of the Department of Human Services;

         3. (c) Director of the Division of Arkansas State Police;

         4. (d) Director of the Division of Children and Family Services;

         5. (e) Director of the Administrative Office of the Courts;

         6. (f) Commission for Parent Counsel;

         7. (g) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and

         8. (h) Senate Interim Committee on Children and Youth.

      3. (iii) The annual report shall not contain information that would identify a juvenile or the family of a juvenile.

(b) As used in this section, “juvenile” means a juvenile as defined in § 9-27-303 who is:

1. (1) A respondent in a dependency-neglect proceeding held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or

2. (2) The subject of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq.

(c) A record maintained by the Child Welfare Ombudsman Division that pertains to a court case or investigation of a juvenile who is the subject of work performed by the Child Welfare Ombudsman Division is confidential and shall not be disclosed except as permitted under § 9-28-407.