Virginia SB 146: Children's Ombudsman, Office of the; created.

Bill Text

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2018 SESSION

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18101567D

SENATE BILL NO. 146 

Offered January 10, 2018 

Prefiled December 28, 2017 

A BILL to amend the Code of Virginia by adding in Article 6 of 
 Chapter 2 of Title 2.2 a section numbered 2.2-214.2, relating to the Office of 
 the Children's Ombudsman. 
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Patron-- Edwards 

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Referred to Committee on General Laws and Technology 

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 
 6 of Chapter 2 of Title 2.2 a section numbered 2.2-214.2 as follows:

� 2.2-214.2. Office of 
 the Children's Ombudsman created; powers and duties; report.

A. As used in this 
 section, "child-serving agency" means (i) a state agency that 
 provides services to children, including the Department of 
 Social Services, the Department of Juvenile Justice, the Department of 
 Education, the Department of Correctional Education, the Department of 
 Behavioral Health and Developmental Services, the Office of Comprehensive 
 Services for At-Risk Youth and Families, and the Department of Health, and (ii) 
 a local entity that provides services to children and that receives funding 
 from a state agency under clause (i).

B. There is hereby 
 created the Office of the Children's Ombudsman (the Office) to 
 provide ombudsman services to any child served by any child-serving agency of 
 the Commonwealth. The Office of the 
 Children's Ombudsman shall be headed by a Children's Ombudsman (the 
 Ombudsman) who shall be appointed by the Governor subject to 
 confirmation by the General Assembly. The Governor may remove the Ombudsman for 
 cause in accordance with � 2.2-108. The Ombudsman 
 shall initially be appointed for a term that expires one full year following 
 the end of the Governor's term of office, and thereafter the term shall be four 
 years. Vacancies shall be filled by appointment by the Governor for the 
 unexpired term.

C. The Ombudsman 
 shall have the power and duty to:

1. Operate and manage 
 the Office of the Children's Ombudsman and to employ such personnel as may be 
 required to carry out the provisions of this section;

2. Receive, investigate, 
 and take all reasonable steps to mediate or resolve complaints from 
 any person regarding the child-serving agencies. However, 
 after an initial investigation of any complaint, the Ombudsman 
 may decline to further investigate any complaint if the Ombudsman 
 determines that the complaint is frivolous or not made in good faith;

3. Conduct inspections, 
 in connection with a complaint received pursuant to this section, of any public 
 or private facility, institution, or residence where a child has been placed by 
 a court or a child-serving agency when such child is residing in the facility, 
 institution, o