2021 Colorado Code
Title 19 - Children's Code
Article 3.3 - Office of the Child Protection Ombudsman
§ 19-3.3-103. Office of the Child Protection Ombudsman - Powers and Duties - Access to Information - Confidentiality - Testimony - Judicial Review - Definitions

1. The ombudsman has the following duties, at a minimum:
   1. 1. 1. To receive complaints concerning child protection services. For the purposes of this section, “complaint” means any report or complaint made by or on behalf of a child relating to any action, inaction, or decision of any public agency or any provider that receives public money that may adversely affect the safety, permanency, or well-being of the child. The ombudsman may, independently and impartially, investigate a complaint, which may include complaints about an incident of egregious abuse or neglect or near fatality, as described in section 26-1-139, or fatality of a child, as described in part 20.5 of title 25 and section 26-1-139. The ombudsman may seek resolution of a complaint, which may include but need not be limited to referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint. (a) (I) (A) To receive complaints concerning child protection services. For the purposes of this section, “complaint” means any report or complaint made by or on behalf of a child relating to any action, inaction, or decision of any public agency or any provider that receives public money that may adversely affect the safety, permanency, or well-being of the child. The ombudsman may, independently and impartially, investigate a complaint, which may include complaints about an incident of egregious abuse or neglect or near fatality, as described in section 26-1-139, or fatality of a child, as described in part 20.5 of title 25 and section 26-1-139. The ombudsman may seek resolution of a complaint, which may include but need not be limited to referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint.
         2. The ombudsman shall treat all complaints received pursuant to subsection (1)(a)(I)(A) of this section as confidential, including the identities of complainants and individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation. Records relating to complaints received by the office and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.
         3. The ombudsman and any employee or person acting on behalf of the ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

      2. (A) In investigating a complaint, the ombudsman has the authority to request, access, and review any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent review of a complaint so long as either the state department or a county department would be entitled to access or receive such information, records, or documents.
      3. The ombudsman shall refer any complaints relating to the judicial department and judicial proceedings, including but not limited to complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures to the appropriate entity or agency within the judicial department.
         1. (a.5) (I) Notwithstanding any provision of this section to the contrary, the ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-102, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.
         2. (A) In self-initiating an investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(a.5)(I) of this section, without cost to the ombudsman.
         3. As used in this subsection (1)(a.5), “unaccompanied immigrant child” means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

   2. To evaluate and make a recommendation to the executive director and any appropriate agency or entity for the creation of a statewide grievance policy that is accessible by children and families within the child protection system and that is transparent and accountable;
   3. To report, as required by the provisions of section 19-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office;
   4. To review the memorandum of understanding between the office and the judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;
   5. To act on behalf of the office and serve as signator for the office;
   6. To ensure accountability and consistency in the operating policies and procedures, including reasonable rules to administer the provisions of this article and any other standards of conduct and reporting requirements as provided by law; and
   7. To serve or designate a person to serve on the youth restraint and seclusion working group pursuant to section 26-20-110 (1)(i).

2. The ombudsman has the following powers, at a minimum:
   1. To review issues raised by members of the community relating to child protection policies or procedures and make recommendations to the appropriate agency or entity concerning those issues;
   2. To review and evaluate the effectiveness and efficiency of any existing grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;
   3. To help educate the public concerning child maltreatment and the role of the community in strengthening families and keeping children safe;
   4. To promote best practices and effective programs relating to a publicly funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes;
   5. To recommend to the general assembly, the executive director, and any appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado; and
   6. To request, access, and review information, records, or documents received pursuant to subsection (1)(a)(II) of this section.

3. The ombudsman, employees of the office, and any persons acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the state department or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.
4. Nothing in this article shall be construed to direct or authorize the ombudsman to intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.
5. In the performance of his or her duties, the ombudsman shall act independently of the divisions within the state department that are responsible for child welfare, youth services, or child care, of the county departments of human or social services, and of all judicial agencies, including, but not limited to, the office of the child's representative, the office of the respondent parents' counsel, the office of state public defender, the office of alternate defense counsel, and the office of attorney regulation counsel. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of the state department, judicial department, or of the county departments of human or social services.

History. Source: L. 2010: Entire article added,(SB 10-171), ch. 225, p. 976, § 1, effective May 14. L. 2014: IP(1) and IP(2) amended,(SB 14-201), ch. 280, p. 1137, § 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended,(SB 15-204), ch. 264, pp. 1026, 1031, §§ 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added,(SB 16-013), ch. 102, p. 294, § 2, effective April 15. L. 2017: (5) amended,(HB 17-1329), ch. 381, p. 1978, § 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added,(HB 18-1010), ch. 25, p. 283, § 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added,(HB 21-1272), ch. 324, p. 1984, § 1, effective June 24; (1)(a.5) added,(HB 21-1313), ch. 416, p. 2768, § 1, effective July 2.