new text begin [3.9215] OMBUDSPERSON FOR AMERICAN INDIAN FAMILIES.
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new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin In recognition of the sovereign status of Indian tribes and the
unique laws and standards involved in protecting Indian children, this section creates the
Office of the Ombudsperson for American Indian Families and gives the ombudsperson the
powers and duties necessary to effectively carry out the functions of the office.
new text end

new text begin Subd. 2. new text end

new text begin Creation. new text end

new text begin The ombudsperson shall operate independently from but in
collaboration with the Indian Affairs Council.
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new text begin Subd. 3. new text end

new text begin Selection; qualifications. new text end

new text begin The ombudsperson shall be selected by the American
Indian community-specific board established in section 3.9216. The ombudsperson serves
in the unclassified service at the pleasure of the community-specific board and may be
removed only for just cause. Each ombudsperson must be selected without regard to political
affiliation and shall be a person highly competent and qualified to analyze questions of law,
administration, and public policy regarding the protection and placement of children. In
addition, the ombudsperson must be experienced in dealing with the American Indian
community and knowledgeable about the needs of that community. No individual may serve
as ombudsperson while holding any other public office.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin Money appropriated for the Ombudsperson for American
Indian Families from the general fund or the special fund authorized by section 256.01,
subdivision 2, paragraph (o), is under the control of the ombudsperson. The amount necessary
for the ombudsperson to carry out the duties in this section is annually appropriated from
the general fund to the ombudsperson. This appropriation is available until expended and
is in addition to the appropriation under section 257.0769, subdivision 1, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given them.
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new text begin (b) "Agency" means the divisions, officials, or employees of the Departments of Human
Services and Health and local district courts or a designated county social service agency
as defined in section 256G.02, subdivision 7, engaged in providing child protection and
placement services for children. Agency also means any individual, service, organization,
or program providing child protection, placement, or adoption services in coordination with
or under contract to any other entity specified in this subdivision, including guardians ad
litem.
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new text begin (c) "American Indian" refers to individuals who are members of federally recognized
tribes, eligible for membership in a federally recognized tribe, or are children or grandchildren
of a member of a federally recognized tribe. American Indian is a political status established
through treaty rights between the federal government and tribes. Each tribe has a unique
culture and practices specific to the tribe.
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new text begin (d) "Facility" means any entity required to be licensed under chapter 245A.
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new text begin (e) "Indian custodian" has the meaning given in United States Code, title 25, section
1903.
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new text begin Subd. 6. new text end

new text begin Organization. new text end

new text begin (a) The ombudsperson may select, appoint, and compensate out
of available funds the assistants and employees deemed necessary to discharge
responsibilities. All employees, except the secretarial and clerical staff, serve at the pleasure
of the ombudsperson in the unclassified service. The ombudsperson and full-time staff are
members of the Minnesota State Retirement Association.
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new text begin (b) The ombudsperson may delegate to staff members or members of the American
Indian Community-Specific Board under section 3.9216 any of the ombudsperson's authority
or duties except the duty of formally making recommendations to an administrative agency
or reports to the Office of the Governor or to the legislature.
new text end

new text begin Subd. 7. new text end

new text begin Duties and powers. new text end

new text begin (a) The ombudsperson has the duties listed in this paragraph.
new text end

new text begin (1) The ombudsperson shall monitor agency compliance with all laws governing child
protection and placement, public education, and housing issues related to child protection,
as they impact American Indian children and their families. In particular, the ombudsperson
shall monitor agency compliance with sections 260.751 to 260.835; 260C.193, subdivision
3; and 260C.215.
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new text begin (2) The ombudsperson shall work with local state courts to ensure that:
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new text begin (i) court officials, public policy makers, and service providers are trained in cultural
competency. The ombudsperson shall document and monitor court activities in order to
heighten awareness of diverse belief systems and family relationships;
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new text begin (ii) qualified expert witnesses from the appropriate American Indian community,
including tribal advocates, are used as court advocates and are consulted in placement
decisions that involve American Indian children; and
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new text begin (iii) guardians ad litem and other individuals from American Indian communities are
recruited, trained, and used in court proceedings to advocate on behalf of American Indian
children.
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new text begin (3) The ombudsperson shall primarily work on behalf of American Indian children and
families, but shall also work on behalf of all Minnesota children and families as the
ombudsperson deems necessary and appropriate.
new text end

new text begin (b) The ombudsperson has the authority to investigate decisions, acts, and other matters
of an agency, program, or facility providing protection or placement services to American
Indian children. In carrying out this authority and the duties in paragraph (a), the
ombudsperson has the power to:
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new text begin (1) prescribe the methods by which complaints are made, reviewed, and acted upon;
new text end

new text begin (2) determine the scope and manner of investigations to be made;
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new text begin (3) investigate, upon a complaint or upon personal initiative, any action of any agency;
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new text begin (4) request and be given access to any information in the possession of any agency
deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to
set reasonable deadlines within which an agency must respond to requests for information.
Data obtained from any agency under this clause retains the classification the data had under
section 13.02 and the ombudsperson shall maintain and disseminate the data according to
chapter 13;
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new text begin (5) examine the records and documents of an agency;
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new text begin (6) enter and inspect, during normal business hours, premises within the control of an
agency; and
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new text begin (7) subpoena any agency personnel to appear, testify, or produce documentary or other
evidence which the ombudsperson deems relevant to a particular matter under inquiry, and
petition the appropriate state court to seek enforcement with the subpoena. Any witness at
a hearing or before an investigation has the same privileges reserved to such a witness in
the courts or under the laws of this state. The ombudsperson may compel nonagency
individuals to testify or produce evidence according to procedures developed by the advisory
board.
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new text begin (c) The ombudsperson may apply for grants and accept gifts, donations, and
appropriations for training relating to the duties of the ombudsperson. Grants, gifts, donations,
and appropriations received are appropriated to the ombudsperson to be used for training.
The ombudsperson may seek and apply for grants to develop new programs and initiatives
and to continue existing programs and initiatives. These funds may not be used for operating
expenses for the Office of the Ombudsperson for American Indian Families.
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new text begin Subd. 8. new text end

new text begin Matters appropriate for review. new text end

new text begin (a) In sele