2018 Colorado Revised Statutes
Title 19 - Children's Code
Article 3.3 - Office of the Child Protection Ombudsman
§ 19-3.3-102. Office of the child protection ombudsman established - child protection ombudsman advisory board - qualifications of ombudsman - duties
(1) (a) On or before January 1, 2016, the independent office of the child protection ombudsman, referred to in this article as the "office", is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado.
(a.5) The office and the judicial department shall operate pursuant to a memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum:
(I) A requirement that the office has its own personnel rules;
(II) A requirement that the ombudsman has independent hiring and termination authority over office employees;
(III) A requirement that the office must follow judicial fiscal rules;
(IV) A requirement that the office of the state court administrator shall offer the office of the child protection ombudsman limited support with respect to:
(A) Personnel matters;
(B) Recruitment;
(C) Payroll;
(D) Benefits;
(E) Budget submission, as needed;
(F) Accounting; and
(G) Office space, facilities, and technical support limited to the building that houses the office of the state court administrator; and
(V) Any other provisions regarding administrative support that will help maintain the independence of the office.
(b) The office and the related child protection ombudsman board, established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman.
(c) The office shall work cooperatively with the child protection ombudsman board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado.
(2) (a) There is established an independent, nonpartisan child protection ombudsman board, referred to in this article as the "board". The membership of the board must not exceed twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.
(b) The board members must be appointed on or before August 1, 2015, as follows:
(I) The chief justice of the Colorado supreme court shall appoint:
(A) An individual with experience as a respondent parents' counsel;
(B) An individual with experience defending juveniles in court proceedings;
(C) An individual with legal experience in dependency and neglect cases; and
(D) An individual with experience in criminal justice involving children and youth.
(II) The governor shall appoint:
(A) An individual with previous professional experience with a rural county human or social services agency or a rural private child welfare advocacy agency;
(B) An individual with previous professional experience with the department of human services;
(C) An individual with previous professional experience with an urban human or social services agency or an urban private child welfare agency; and
(D) An individual with experience in primary or secondary education.
(III) The president and minority leader of the senate shall appoint:
(A) An individual who was formerly a child in the foster care system; and
(B) An individual with professional experience as a county and community child protection advocate; and
(IV) The speaker and the minority leader of the house of representatives shall appoint:
(A) A current or former foster parent; and
(B) A health care professional with previous experience with child abuse and neglect cases.
(c) Board members shall serve for terms of four years; except that, of the members first appointed, two members appointed pursuant to subparagraphs (I), (II), and (III) of paragraph (b) of this subsection (2) and one member appointed pursuant to subparagraph (IV) of paragraph (b) of this subsection (2), as designated by the appointing officials, shall serve initial terms of two years. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term.
(d) The board shall meet a minimum of two times per year and additionally as needed. At least one meeting per year must be held outside of the Denver metropolitan area.
(e) Board members shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
(f) Expenses incurred for the board must be paid from the general operating budget of the office of the child protection ombudsman.
(3) The board has the following duties and responsibilities:
(a) To oversee the following personnel decisions related to the ombudsman:
(I) On or before December 1, 2015, and as necessary thereafter, appointing a person to serve as the child protection ombudsman and director of the office, referred to in this article as the "ombudsman". The ombudsman appointed by the board on or before December 1, 2015, shall assume his or her position on the effective date of the memorandum of understanding between the judicial department and the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.
(II) Filling a vacancy in the ombudsman position;
(III) Evaluating the ombudsman's performance as determined necessary based on feedback received related to the ombudsman; and
(IV) Developing a public complaint process related to the ombudsman's performance;
(b) To oversee and advise the ombudsman on the strategic direction of the office and its mission and to help promote the use, engagement, and access to the office;
(c) To work cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system;
(d) to (g) (Deleted by amendment, L. 2016.)
(h) To promote the mission of the office to the public; and
(i) To provide assistance, as practicable and as requested by the ombudsman, to facilitate the statutory intent of this article.
(4) Meetings of the board are subject to the provisions of section 24-6-402, C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal "Child Abuse Prevention and Treatment Act", Pub.L. 93-247, and state privacy laws.
(5) The records of the board and the office are subject to the provisions of part 2 of article 72 of title 24, C.R.S.
