Section 16165 - Powers regarding resolution of complaintsAs part of the office's efforts to resolve complaints related to foster care, the ombudsperson may do all of the following:
(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.(b) Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following:(1) Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children's residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office. (A) For purposes of this section, "access" means the right to do all of the following: (i) Enter any licensed or approved children's residential facility, upon providing identification.(ii) Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer.(iii) Review and copy any resident record or caregiver file.(iv) Observe all resident and staff areas of a facility.(v) Review and reproduce administrative records, policies, and documents of any licensed or approved children's residential care facility.(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.(vii) Interview all relevant witnesses.(B) For purposes of this section, "record" means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.(2) Observe proceedings and attend hearings, consistent with Section 346.(c) Attempt to resolve the complaint.(d) Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 calendar days.Ca. Welf. and Inst. Code § 16165
Amended by Stats 2021 ch 293 (AB 317),s 5, eff. 1/1/2022.Added by Stats. 1998, Ch. 311, Sec. 66. Effective August 19, 1998.