4.__Services.__The office shall provide services directly or under contract and may set priorities for service among the types of inquiries and complaints.__The ombudsman may:

A.__Provide information to the public about the services of the office through a comprehensive outreach program and a toll-free telephone number;

B.__Answer inquiries and investigate and work toward resolution of complaints regarding the performance and services of the department with regard to services to individuals and participate in conferences, meetings and studies that may improve the performance of the department;

C.__Provide services to persons to assist them in protecting their rights;

D.__Inform persons of the means of obtaining services from the department;

E.__Provide information and referral services;

F. Analyze and provide opinions and recommendations to agencies, the Governor and the Legislature on state programs, rules, policies and laws;

G.__Determine what types of complaints and inquiries will be accepted for action by the office and adopt policies and procedures regarding communication with persons making inquiries or complaints and the department;

H.__Apply for and utilize grants, gifts and funds for the purpose of performing the duties of the office; and

I.__Collect and analyze records and data relevant to the duties and activities of the office and make reports as required by law or determined to be appropriate.

5.__Access to persons, files and records.__The ombudsman has access to the department files and records, without fee; and to the personnel of the department for the purposes of investigation of the inquiry or complaint. The ombudsman may also enter the premises of the department for the purposes of investigation of the inquiry or complaint without prior notice.__The ombudsman

shall maintain the confidentiality of all information or records obtained under this subsection.

6.__Confidentiality of records.__Information or records maintained by the ombudsman relating to a complaint or inquiry are confidential and may not be disclosed unless the disclosure is permitted by law and consented to by the ombudsman or ordered by court.__Records maintained by the ombudsman are not public records as defined in Title 1, chapter 13.

7.__Immunity.__Any person who in good faith submits a complaint or inquiry to the office pursuant to this section or in good faith investigates that complaint or inquiry as an employee or volunteer of the office is immune from any civil or criminal liability that otherwise might result from these actions. For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this section did so in good faith.__The ombudsman is not immune from liability for acts of gross negligence or intentional wrongful acts or omissions.

8.__Report.__The ombudsman shall report to the Governor, the department and the Legislature by January 1st each year on the activities and services of the office, priorities among types of inquiries and complaints that may have been set by the office, waiting lists for services and recommendations for changes in policy, rule or law to improve the provision of services.

9.__Oversight.__The joint standing committee of the Legislature having jurisdiction over health and human services matters shall review the operations of the office and may make recommendations to the Governor regarding the contract for services under this section. The committee may submit legislation that it determines necessary to amend or repeal this section.

Sec. 6. 22 MRSA §4089, sub-§1, ķE, as enacted by PL 1989, c. 819, §6, is repealed.

SUMMARY

This bill repeals the statute that establishes the unfunded Child Welfare Services Ombudsman in the Department of Human Services. It establishes the Ombudsman Office to provide ombudsman services through a contract with a nonprofit organization. The office may answer inquiries and investigate and work toward resolution of complaints regarding state services and programs, may provide information, assistance and legal representation services, may provide an outreach program, may collect and analyze information and shall report annually to the

joint standing committee of the Legislature having jurisdiction over health and human services matters. The bill provides for access to records, confidentiality of those records and immunity from civil and criminal liability.