Subdivision 1. Agency. For purposes of this section, "agency" means the divisions, officials, or employees of the Minnesota Department of Human Services, the responsible social services agency, or a licensed child-placing agency.
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 personal initiative, any action of an agency, including a request from a youth in foster care to examine the physical placement where the child resides;
(5) request and be given access to information from an agency that is necessary for performing the ombudsperson's responsibilities;
(6) 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
(7) 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.
Subd. 3. Liability. No proceeding or civil action except removal from office or a proceeding brought pursuant to chapter 13 shall be commenced against the foster youth ombudsperson for actions taken under sections 260C.80 to 260C.82, unless the act or omission demonstrates malicious intent or was grossly negligent.
Subd. 4. Complaints. (a) The ombudsperson may receive a complaint from any source concerning the health, safety, 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 or a family foster home, custodian, parent, or facility licensed by the state, including a residential treatment facility and secured detention facility. 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 shall inform the complainant, the agency, and any person who is the subject of the investigation of the action taken.
(b) A facility or family foster home must immediately forward any letter to the ombudsperson from a person in the facility or family foster home. The facility or family foster home must not open any letter to the ombudsperson from a person at the facility or foster home. A facility or family foster home must deliver any mail or forward any email from the ombudsperson to a person in the facility or family foster home immediately after the facility or family foster home receives the mail or email. A facility or family foster home must not punish a person for making a complaint to the ombudsperson. A facility or family foster home must not unfavorably alter the conditions of a person's placement as a consequence for making a complaint to the ombudsperson.
Subd. 5. Recommendations. (a) If the ombudsperson considers a complaint to be valid, the ombudsperson may recommend that an agency or a 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.
Subd. 6. Grants. The ombudsperson may apply for and receive grants from public and private entities for the purposes of carrying out the ombudsperson's powers and duties under this section.
Subd. 7. Data. State district courts may and administrative agencies must provide the foster youth ombudsperson with access to juvenile court data, foster care placement data, and medical data maintained by an agency and classified as private data on individuals or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the ombudsperson's duties under sections 260C.80 to 260C.82.
2022 c 63 s 4
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260C — Juvenile Safety And Placement
Section 260C.001 — Title, Intent, And Construction.
Section 260C.007 — Definitions.
Section 260C.008 — Foster Care Sibling Bill Of Rights.
Section 260C.050 — Expert Assistance.
Section 260C.101 — Jurisdiction.
Section 260C.125 — Case Transfer Process.
Section 260C.139 — Give Life A Chance; Safe Place For Newborns.
Section 260C.143 — Procedure; Habitual Truants, Runaways, Offenders.
Section 260C.148 — Procedure; Domestic Child Abuse.
Section 260C.151 — Summons; Notice.
Section 260C.152 — Service Of Summons, Notice.
Section 260C.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.
Section 260C.157 — Investigation; Physical And Mental Examination.
Section 260C.165 — Certain Out-of-court Statements Admissible.
Section 260C.175 — Taking Child Into Custody.
Section 260C.176 — Release Or Detention.
Section 260C.177 — Parental And Law Enforcement Notification.
Section 260C.178 — Emergency Removal Hearing.
Section 260C.181 — Place Of Temporary Custody; Shelter Care Facility.
Section 260C.188 — Children In Custody; Responsibility For Medical Care.
Section 260C.190 — Family-focused Residential Placement.
Section 260C.193 — Dispositions; General Provisions.
Section 260C.202 — Court Review Of Foster Care.
Section 260C.203 — Administrative Or Court Review Of Placements.
Section 260C.204 — Permanency Progress Review For Children In Foster Care For Six Months.
Section 260C.208 — Information For Child Placement.
Section 260C.209 — Background Checks.
Section 260C.212 — Children In Placement.
Section 260C.215 — Welfare Of Children.
Section 260C.219 — Agency Responsibilities For Parents And Children In Placement.
Section 260C.221 — Relative Search And Engagement; Placement Consideration.
Section 260C.223 — Concurrent Permanency Planning.
Section 260C.225 — County Responsibility For Transitional Services Plans.
Section 260C.227 — Voluntary Foster Care; Required Court Review.
Section 260C.228 — Voluntary Foster Care; Child Is Colocated With Parent In Treatment Program.
Section 260C.229 — Voluntary Foster Care For Children Over Age 18; Required Court Review.
Section 260C.301 — Termination Of Parental Rights.
Section 260C.307 — Procedures In Terminating Parental Rights.
Section 260C.312 — Disposition; Parental Rights Not Terminated.
Section 260C.317 — Termination Of Parental Rights; Effect.
Section 260C.328 — Change Of Guardian; Termination Of Guardianship.
Section 260C.329 — Reestablishment Of The Legal Parent And Child Relationship.
Section 260C.331 — Costs Of Care.
Section 260C.405 — Violation Of An Order For Protection.
Section 260C.411 — New Evidence.
Section 260C.425 — Criminal Jurisdiction For Contributing To Need For Protection Or Services.
Section 260C.4411 — Pre-northstar Care For Children Foster Care Program.
Section 260C.4412 — Payment For Residential Placements.
Section 260C.4413 — Initial Clothing Allowance.
Section 260C.446 — Distribution Of Funds Recovered For Assistance Furnished.
Section 260C.451 — Foster Care Benefits Past Age 18.
Section 260C.452 — Successful Transition To Adulthood.
Section 260C.503 — Permanency Proceedings.
Section 260C.507 — Admit-deny Hearing.
Section 260C.511 — Best Interests Of The Child.
Section 260C.513 — Permanency Dispositions When Child Cannot Return Home.
Section 260C.515 — Permanency Disposition Orders.
Section 260C.517 — Findings And Content Of Order For Permanency Disposition.
Section 260C.519 — Further Court Hearings.
Section 260C.521 — Court Reviews After Permanency Disposition Order.
Section 260C.601 — Adoption Of Children Under Guardianship Of Commissioner.
Section 260C.603 — Definitions.
Section 260C.605 — Reasonable Efforts To Finalize An Adoption.
Section 260C.607 — Review Of Progress Toward Adoption.
Section 260C.609 — Social And Medical History.
Section 260C.611 — Adoption Study Required.
Section 260C.613 — Social Services Agency As Commissioner's Agent.
Section 260C.615 — Duties Of Commissioner.
Section 260C.617 — Sibling Placement.
Section 260C.619 — Communication And Contact Agreements.
Section 260C.621 — Jurisdiction And Venue.
Section 260C.623 — Adoption Petition.
Section 260C.625 — Documents Filed By Social Services Agency.
Section 260C.627 — Notice Of Adoption Proceedings.
Section 260C.629 — Finalization Hearing.
Section 260C.631 — Judgment And Decree.
Section 260C.633 — Adoption Denied.
Section 260C.635 — Effect Of Adoption.
Section 260C.637 — Access To Original Birth Record Information.
Section 260C.702 — Requirements For Placements In Qualified Residential Treatment Programs.
Section 260C.706 — Family And Permanency Team Requirements.
Section 260C.71 — Court Approval Requirements.
Section 260C.712 — Ongoing Reviews And Permanency Hearing Requirements.
Section 260C.714 — Review Of Extended Qualified Residential Treatment Program Placements.
Section 260C.80 — Office Of The Foster Youth Ombudsperson; Board.
Section 260C.81 — Organization Of The Office Of The Foster Youth Ombudsperson.