16164. (Amended by Stats. 2021, Ch. 297, Sec. 2.5.)

(a) The Office of the State Foster Care Ombudsperson shall do all of the following:

(1) (A) Disseminate information and provide training and technical assistance to foster youth, social workers, probation officers, tribes’ child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties on the rights of children and youth in foster care, reasonable and prudent parent standards, and the services provided by the office. The rights of children and youth in foster care are listed in Section 16001.9. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.

(B) At the end of every two-year legislative session, review amendments to the laws applicable to foster youth and determine whether updates to the rights listed in Section 16001.9 should be recommended in the compilation prepared pursuant to paragraph (8). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.

(2) Receive complaints made by or on behalf of children placed in foster care, related to their care, placement, or services, including for children placed by the Office of Refugee Resettlement of the United States Department of Health and Human Services in residential facilities and homes that are subject to regulation by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) or pursuant to Article 2 (commencing with Section 16519.5) of Chapter 5.

(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding.

(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.

(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.

(6) Document the number, source, origin, location, and nature of complaints.

(7) Receive data from the State Department of Education regarding complaints about foster youth education rights made through the uniform complaint process.

(8) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints, and a summary of the data received from the State Department of Education pursuant to paragraph (7). The office shall include recommendations consistent with this data for improving the child welfare system.

(B) Present this compiled data, on an annual basis, at appropriate child welfare conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the County Welfare Directors Association of California, Chief Probation Officers of California, Indian tribes, child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties.

(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the child welfare system.

(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.

(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.

(9) Have access to copies of any record of a state or local agency, and contractors with state and local agencies, that is necessary to carry out their responsibilities, and may meet or communicate with any foster child in their placement or elsewhere.