Brief Children's Ombudsman Offices | Office of the Child Advocate

What is an Ombudsman?

The word “Ombudsman” is derived from the Swedish word meaning “agent” or “representative[i].”  Ombudsman offices have been established in a variety of state, municipal, county, local, and federal governments, as well in academic organizations and businesses as an independent and impartial organization which assists in obtaining resolution of conflicts or complaints.  Ombudsman may be  alternatively known as "advocate," "citizen's representative," and "mediator.[ii]"  The United States Ombudsman Association (USOA), defines the public sector ombudsmen as "an independent, impartial public official with authority and responsibility to receive, investigate or informally address complaints about government actions, and, when appropriate, make findings and recommendations, and publish reports[iii]"

The USOA has established a set of best practices guidelines for Ombudsman offices: (1) An Ombudsman office should be independent-free from outside control or influence; (2)  An Ombudsman should be impartial- receive and review each complaint in an objective and fair manner, free from bias, and treat all parties without favor or prejudice. (3)The Ombudsman should control confidentiality- have the privilege and discretion to keep confidential or release any information related to a complaint or investigation; and (4) The Ombudsman should create a credible review process of complaints- perform his or her responsibilities in a manner that engenders respect and confidence and be accessible to all potential complainants. [iv]

Children’s Ombudsman Offices /Office of the Child Advocate

Overview

Children’s Ombudsman Offices, also known in some jurisdictions as Office of the Child Advocate, have been established at the state level in order to assist in providing oversight of children’s services.  Currently, approximately twenty-three states have established a Children’s Ombudsman/ Office of the Child Advocate with duties and purposes specifically related to children’s services.  Another five states have a statewide Ombudsman program that addresses the concerns of all governmental agencies, including children’s services.  Nine states have related Ombudsman services, program-specific services, or county-run programs. 

The purpose, responsibilities and duties of the Children’s Ombudsman Office vary by state.  In general, these offices exist to:

• Handle and investigate complaints from citizens and families related to government services for children and families - this may include child protective services, foster care, adoption and juvenile justice services.
• Provide a system accountability mechanism by recommending system-wide improvements to benefit children and families - often in the form of annual reports to the Legislature, Governor and public. 
• Protect the interests and rights of children and families - both individually and system-wide.
• Monitor programs, placements and departments responsible for providing children's services - which may include inspecting state facilities and institutions.

Complaint Process[v]

Once a concerned party calls a Children’s Ombudsman’s Office with a complaint, the call is screened to determine what action is necessary.  One option is to provide the caller with resources and referrals.  The other option is to open a case.  Once a case is open, the Ombudsman gives notice of the complaint to the agency and begins to investigate or review the complaint and the agency is requested to respond.  If necessary, the Ombudsman may intervene by facilitating communication, holding a meeting, or pursuing legal action.  Once the Ombudsman has concluded its investigation, the office will develop a report while giving the agency the opportunity to respond.  On an annual basis, the Ombudsman will summarize citizen complaints and identify system trends in an annual report.   

Types of Children’s Ombudsman Offices/ Offices of the Child Advocate

Jurisdiction, size and operation of Children’s Ombudsman Offices vary by state. A Children’s Ombudsman Office may be established by legislation, executive order, or by the child welfare agency. A Children’s Ombudsman office can be an independent agency established by statute, existing either in the legislative branch or executive branch, or may be established within the child welfare agency. The office may be run by the government, or a non-profit organization under government contract. This section explains generally how states have organized Children’s Ombudsman Offices. The chart below provides a state by state breakdown. 

1. Independent and autonomous agency with oversight specific to child welfare: Fourteen states operate independent and autonomous Ombudsman offices, specifically handling issues related to children (Colorado, Connecticut, Georgia, Indiana, Maine, Massachusetts, Michigan, Missouri, New Hampshire, Rhode Island, South Carolina, Tennessee, Washington and West Virginia.  These offices are established by the Legislature and may exist independently within either the legislative or executive branch[vi].  These offices are not part of the state’s division of child and family services.  Independent Children’s Ombudsman Offices oversee child-serving agencies with independence, impartiality, and confidentiality, and have a credible review process which includes access to information.[vii]  These Ombudsman offices are generally appointed by the Governor or Legislature. Statutory duties likely include:  Receiving and investigating complaints; access to information, usually including the power to subpoena; control what information must be held confidential or released to the public; and must submit annual reports- usually these reports are available to the public.

2. Operates within, but autonomous of,  the state agency providing child welfare services: Three states (California, Texas, and Utah) have established Children’s Ombudsman offices that operate within the state’s division of child welfare services, but are established to act autonomously of the agency they oversee.  These ombudsman offices are also established by statute.  The department director generally is responsible for or assists in appointing the Ombudsman.  The duties and functions of these independent organizational ombudsman offices likely include: receive and investigate complaints related to child-serving agencies; access information, without the power to subpoena; maintain confidentiality; and prepare an annual report which is usually made available to the public. 

3. Provides oversight to all governmental agencies within the state including child welfare services: Five states (Alaska, Arizona, Hawaii, Iowa, and Nebraska) have general jurisdiction ombudsmen established to oversee all public agencies or departments within the state including child-serving agencies.[viii]  These five Ombudsman offices are each established by statute and exist independently as part of the Legislative Branch.  Statutory duties include: receive and investigate complaints; access information with the power to subpoena; control confidentiality; and submit reports at least annually, available to the public. 

   • Nebraska, in addition to the Public Counsel (Ombudsman's Office) which investigates complaints against state administrative agencies and state government, also enacted LB 821 in 2012 creating the Office of Inspector General of Nebraska Child Welfare. The Office of the Inspector General operates as a subdivision of the Public Counsel, investigating "individuals and agencies responsible for the care and protection of children in the Nebraska Child Welfare system."

4. Non-Independent Children’s Ombudsman office, established within the child welfare agency: Seven states (Arkansas, Kentucky, Illinois, Oklahoma, New Jersey, New York, and Oregon) have non-independent ombudsman offices established within state’s division of child welfare services designed to take complaints and resolve disputes within the agency of oversight.  These offices may or may not be established by statute.  These ombudsmen are appointed by the Director of the agency.  Duties generally include: receive and investigate complaints; access information, without the power to subpoena; and the office may or may not be required to submit reports.   

5. Other statutory Ombudsman-like programs: Four states (Delaware, Maryland, Minnesota, and Nevada) have established ombudsman-like services by statute,  limited to specific constituencies or services within the child welfare system.  Delaware’s program assists with judicial advocacy; Maryland has a Children’s Advocate who assists residential youth with complaints; Minnesota has four ombudspersons working with four different communities of color; and, Nevada serves missing and exploited children.  These ombudsman programs may or may not be independent and autonomous of the agency they oversee.   

6.  Non-statutory county-based or program-based offices: Five states (Montana, Ohio, North Carolina and Virginia) have county- or program-based ombudsman offices not established in state statute.  These programs may be run as a citizen complaint office within the Governor’s office; through individual county children’s services agencies; or, are specific programs such as Virginia’s Juvenile Justice’s Ombudsman Office.  The main duty of these offices is to receive and help resolve constituent complaints. Ohio and North Carolina are unique in that the ombudsman programs are located at the county, rather than the state, level. Ohio's Lucas County Children Services Ombudsman operates as a "neutral dispute resolver" designed to investigate complaints and make recommendations in a non-adversarial setting. Additionally, during the 2013 legislative session, North Carolina enacted a Foster Care Ombudsman Pilot Program in Gaston County. The Board of County Commissioners will establish the qualifications for and appoint the Ombudsman.

Children’s Ombudsman Services by State

The chart below provides state-specific information regarding ombudsman programs related to children’s services.  The information within the chart includes: the year established if known; the jurisdiction of the ombudsman’s office and the location of the office within the state’s government; information regarding how the ombudsman is appointed and required qualification, if available; and, the duties and powers of the ombudsman.  This state-specific information comes from either the state’s statutory language or the office’s website.