HOUSE DOCKET, NO. 588        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 115

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act establishing an office of family and children's ombudsman..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 6 of the General Laws, as appearing in the 2006

Official Edition, is hereby amended by adding the following section:—

Section 214. There is hereby established an office of the family and children’s ombudsman under the exclusive supervision and control of a director who shall be appointed by the secretary of health and human services with the approval of the governor. The purpose of the office is to provide an independent voice for families and children who have been placed under the supervision of the department of social services.

            The position of director shall be classified in accordance with section 45 of  chapter 30, and the salary shall be determined in accordance with section 46C of said chapter 30. The director shall devote full time during business hours to the duties of the office. The director shall be authorized, subject to appropriation, to appoint and may  remove such assistant directors and such other employees and consultants as may be necessary to perform the functions of the office set forth in section 207. The provisions of chapter 31 shall not apply to the director, to such assistant directors as the director may appoint, or to such supervisory positions as the director may create.

            The office shall have the following powers: (a) provide an independent resource for families and children to seek redress of grievances with the department; (b) monitor the department’s compliance with existing laws, policies and procedures; (c) propose amendments and improvement of existing laws, policies and procedures to promote family preservation and reunification and children’s safety, well-being and permanency; (d) serve as liaison among consumers, the department, the general court, the governor and the children’s bureau; (e) identify and articulate to the general court, governor, public agencies and the public the needs of these families and children; (f) provide public  information  relative to laws and services affecting the families and children; (g) oversee the accuracy and timeliness of the department’s reporting of data with regard to those children, and investigate consumer complaints and recommend to appropriate authorities solutions.