Investigative powers addition to the Office of the Foster Youth Ombudsperson

A bill for an act

relating to children; adding investigative powers to the Office of the Foster Youth

Ombudsperson; modifying regulations on foster placements; amending Minnesota

Statutes 2024, sections 13.876, subdivision 3; 260C.82, subdivisions 1, 2, 4, 5, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.876, subdivision 3, is amended to read:

Subd. 3.

Access to data.

The foster youth ombudsperson has access to juvenile placement

and medical data as provided under section
260C.82
, subdivision
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6
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7
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.

Sec. 2.

Minnesota Statutes 2024, section 260C.82, subdivision 1, is amended to read:

Subdivision 1.

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Agency
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Definitions
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.

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(a) For the purposes of this section, the terms in

this subdivision have the meanings given.

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For purposes of this section,
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(b)
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"Agency" means the divisions, officials, or employees

of the Minnesota Department of Children, Youth, and Families
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,
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; any Minnesota agency that

licenses the placement of a foster youth, including the Department of Corrections and the

Department of Human Services;
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the responsible social services agency
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,
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;
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or a licensed

child-placing agency.

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(c) "Placement" means the institution, facility, or residence that is licensed or otherwise

authorized to house, treat, or care for a foster youth.

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(d) "Placement manager" means a controlling individual as defined in section 142B.01,

subdivision 8; owner; or agent of a placement who has the authority or ability to care for,

regulate, or manage a foster youth when the foster youth is at the placement.

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Sec. 3.

Minnesota Statutes 2024, section 260C.82, subdivision 2, is amended to read:

Subd. 2.

Powers.

(a) The foster youth ombudsperson may:

(1) establish a complaint process, including how a person may make a complaint and

how the ombudsperson may review and act upon the complaint;

(2) determine the scope and manner of the ombudsperson's and staff's investigations;

(3) make conclusions, recommendations, and proposals to the governor or to the

legislature, provided that the governor or legislature may request and receive information

from the ombudsperson at any time;

(4) investigate, upon a complaint or upon
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personal
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initiative
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of the ombudsperson's

office
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, any action of an agency,
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including a request from a youth in foster care to examine

the physical placement where the child resides
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placement manager, parent, guardian, or

custodian
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;

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(5) pursuant to an investigation under clause (4), enter and inspect without notice any

institution, facility, or residence, public or private, where a foster youth is residing, including

areas for recreation, treatment, discipline, or other activities;

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(5) request and
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(6)
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be given
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direct
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access to information from an agency that
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is
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the

ombudsperson deems
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necessary for performing the ombudsperson's responsibilities;

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(7) directly access the social services information system;

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(6)
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(8)
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subpoena any person to appear, give testimony, or produce documents or other

evidence that the ombudsperson considers relevant to a matter under inquiry and may petition

a state district court to seek enforcement of a subpoena. Any witness at a hearing or before

an investigation has the same privileges reserved to a witness in the courts or under the laws

of this state; and

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(7)
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(9)
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be present at court hearings, conferences, meetings, and deliberations when a

youth in foster care requests the ombudsperson's presence.

(b) Neither the ombudsperson nor any member of the ombudsperson's staff shall be

compelled to testify or to produce evidence in any judicial or administrative proceeding

with respect to any matter involving the exercise of the ombudsperson's official duties.

Sec. 4.

Minnesota Statutes 2024, section 260C.82, subdivision 4, is amended to read:

Subd. 4.

Complaints.

(a) The ombudsperson may receive a complaint from any source

concerning the health, safety,
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violation of rights,
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or welfare of a youth in foster care. The

ombudsperson may, at the request of another or on the ombudsperson's own initiative,

investigate any action of an agency
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or a family foster home, custodian
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,
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placement manager,
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parent,
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guardian,
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or
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facility licensed by the state, including a residential treatment facility

and secured detention facility
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custodian
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. The ombudsperson may exercise powers without

regard to the finality of any action. The ombudsperson may require a complainant to pursue

other remedies or channels of complaint open to the complainant before accepting or

investigating a complaint. After completing the investigation of a complaint, the

ombudsperson
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shall
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may
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inform the complainant, the agency, and any person who is the

subject of the investigation of the action taken.

(b) A
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facility or family foster home
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placement manager, parent, guardian, or custodian
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must immediately forward
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to the ombudsperson
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any
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communication, including a
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letter
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or

email, addressed
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to
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or intended for
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the ombudsperson
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from a person in the facility or family

foster home
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. The
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facility or family foster home
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placement manager, parent, guardian, or

custodian
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must not open any
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letter
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communication addressed
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to
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or intended for
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the

ombudsperson
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from a person at the facility or foster home
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.
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A facility or family foster home
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An agency, placement manager, parent, guardian, or custodian
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must deliver any mail or

forward any email from the ombudsperson
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to a person in the facility or family foster home
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immediately after
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the facility or family foster home receives
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receiving
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the mail or email.

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(c) The ombudsperson or ombudsperson's staff may conduct private meetings, video

calls, or phone calls with a foster youth. The meeting must be outside the hearing of another

person unless approved by the ombudsperson or ombudsperson's staff.

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(d)
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A
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facility or family foster home
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placement manager, parent, guardian, or custodian
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must not punish a person for making a complaint to the ombudsperson
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. A facility or family

foster home
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and
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must not unfavorably alter the conditions of a person's placement
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, supports,

or services received
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as a consequence for making a complaint to the ombudsperson.

Sec. 5.

Minnesota Statutes 2024, section 260C.82, subdivision 5, is amended to read:

Subd. 5.

Recommendations.

(a) If the ombudsperson considers a complaint to be valid,

the ombudsperson may recommend that an agency
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, guardian ad litem,
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or
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a
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judicial officer:

(1) consider the matter further;

(2) modify or cancel the agency's or judicial officer's actions;

(3) change a ruling or explain an action; or

(4) take any other step that the ombudsperson recommends to provide direction or require

action by a facility, placement, or custodian providing a residence to the complainant.

(b) If the ombudsperson requests, the agency shall, within the time that the ombudsperson

specifies, inform the ombudsperson about the action taken based on the ombudsperson's

recommendations or the reasons for not complying with the ombudsperson's

recommendations. If the ombudsperson has the reason to believe that any person, including

a public official, has acted in a manner warranting criminal or disciplinary proceedings, the

ombudsperson may refer the matter to the appropriate authorities. If the ombudsperson

believes that an action upon which a valid complaint is founded had a statutory basis, and

that the statute produced results or effects that were unfair or otherwise objectionable, the

ombudsperson shall bring to the attention of the governor and the legislature the

ombudsperson's view concerning desirable statutory change.

Sec. 6.

Minnesota Statutes 2024, section 260C.82, subdivision 7, is amended to read:

Subd. 7.

Data.

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(a) When access to data is necessary for the ombudsperson to perform

the ombudsperson's duties under sections
260C.80
to
260C.82,

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state district courts may and
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administrative
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agencies must provide the foster youth ombudsperson with
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:
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(1)
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access to juvenile court data
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,
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;
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(2)
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foster care placement data
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, and
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;
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(3)
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medical data maintained by an agency
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and
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that is
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classified as private data on

individuals or confidential data on individuals
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when access to the data is necessary for the

ombudsperson to perform the ombudsperson's duties under sections
260C.80
to
260C.82
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;

and
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(4) any other data pertinent to an investigation by the ombudsperson
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.

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(b) Upon request of the ombudsperson, a placement must provide any data or information

to the ombudsperson to the extent the placement is required to provide data or information

to the placement's licensing agency.

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