67th Legislature HB 426.1
1 HOUSE BILL NO. 426
2 INTRODUCED BY D. LENZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO THE OFFICE OF THE CHILD
5 AND FAMILY OMBUDSMAN; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN
6 SERVICES TO RESPOND TO REPORTS FROM THE OFFICE; ESTABLISHING A TIMELINE FOR
7 RESPONSES; AND AMENDING SECTIONS 41-3-209, 41-3-1211, AND 41-3-1212, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 41-3-209, MCA, is amended to read:
12 "41-3-209. Reports to office of child and family ombudsman. (1) The department shall report to
13 the office of the child and family ombudsman:
14 (1) within 1 business day, a death of a child who, within the last 12 months:
15 (a) had been the subject of a report of abuse or neglect;
16 (b) had been the subject of an investigation of alleged abuse or neglect;
17 (c) was in out-of-home care at the time of the child's death; or
18 (d) had received services from the department under a voluntary protective services agreement;
19 (2) The department shall report to the office of the child and family ombudsman within 5 business
20 days:
21 (a) any criminal act concerning the abuse or neglect of a child;
22 (b) any critical incident, including but not limited to elopement, a suicide attempt, rape, nonroutine
23 hospitalizations, and neglect or abuse by a substitute care provider, involving a child who is receiving services
24 from the department pursuant to this chapter; or
25 (c) a third report received within the last 12 months about a child at risk of or who is suspected of
26 being abused or neglected.
27 (3) The department shall report to the ombudsman as required under 41-3-1212 on its response to
28 findings, conclusions, and recommendations made in cases investigated by the ombudsman."
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67th Legislature HB 426.1
1
2 Section 2. Section 41-3-1211, MCA, is amended to read:
3 "41-3-1211. Powers and duties. The powers and duties of the ombudsman are:
4 (1) to respond to requests for assistance regarding administrative acts and to investigate
5 administrative acts;
6 (2) to investigate circumstances surrounding reports that are provided to the ombudsman pursuant to
7 41-3-209;
8 (3) to inspect, copy, or subpoena records as needed to perform the ombudsman's duties under this
9 part;
10 (4) to take appropriate steps to ensure that persons are made aware of the purpose, services, and
11 procedures of the ombudsman and how to contact the ombudsman;
12 (5) to share relevant findings related to an investigation, subject to disclosure restrictions and
13 confidentiality requirements, with individuals or entities legally authorized to receive, inspect, or investigate
14 reports of child abuse or neglect;
15 (6) based on the investigations conducted, to provide oversight of the department's systems and
16 policies for handling abuse and neglect cases;
17 (6)(7) to periodically review department procedures and promote best practices and effective
18 programs by working collaboratively with the department to improve procedures, practices, and programs;
19 (7)(8) to undertake, participate in, and cooperate with persons and the department in activities,
20 including but not limited to conferences, inquiries, panels, meetings, or studies, that serve to improve the
21 manner in which the department functions;
22 (8)(9) to provide education on the legal rights of children;
23 (9)(10) to apply for and accept grants, gifts, contributions, and bequests of funds for the purpose of
24 carrying out the ombudsman's responsibilities; and
25 (10)(11) to report annually to the attorney general and the children, families, health, and human
26 services interim committee. The report must be public and may contain recommendations from the ombudsman
27 regarding systematic improvements for the department."
28
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67th Legislature HB 426.1
1 Section 3. Section 41-3-1212, MCA, is amended to read:
2 "41-3-1212. Investigations -- discretion -- procedure. (1) The ombudsman shall investigate a
3 request for assistance unless:
4 (a) the request for assistance could reasonably be addressed by another remedy or channel;
5 (b) the request for assistance is trivial, frivolous, vexatious, or not made in good faith;
6 (c) the request for assistance is too delayed to justify an investigation;
7 (d) the person requesting assistance is not personally aggrieved by the subject matter of the request;
8 or
9 (e) the request for assistance has been previously investigated by the ombudsman.
10 (2) (a) After an investigation is completed, the ombudsman shall provide to the department any
11 findings, conclusions, and recommendations.
12 (b) At the ombudsman's request, the The department shall inform the ombudsman in a timely manner
13 no later than 30 days after receipt of the report about any action taken to address or on the actions the
14 department has taken to resolve or correct any problems identified by the ombudsman. If the department has
15 not resolved or corrected a problem, the department shall inform the ombudsman of any reasons for not
16 addressing the ombudsman's findings, conclusions, and recommendations.
17 (c) The ombudsman shall include the following information in the report required under 41-3-1211:
18 (i) the number of findings reports made to the department;
19 (ii) the nature of the problems identified by the ombudsman;
20 (iii) the actions taken by the department to resolve or correct the problems; and
21 (iv) the problems that have not been resolved or corrected by the department, as well as the
22 department's reasons for not addressing the ombudsman's findings, conclusions, and recommendations."
23 - END -
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Statutes affected:
HB0426_1.pdf: 41-3-209, 41-3-1211, 41-3-1212
HB0426_2.pdf: 41-3-209, 41-3-1211, 41-3-1212
HB0426_X.pdf: 41-3-209, 41-3-1211, 41-3-1212
Amended: 41-3-209, 41-3-1211, 41-3-1212
Introduced: 41-3-209, 41-3-1211, 41-3-1212