An Act to Establish
Maine Legislature, Session 132, LD 1893
Committee Amendment CA_A_H993 (House)
Amends: 2 MRSA §6, 5 MRSA §12004-G, 18-C MRSA §5, 22 MRSA §4004

COMMITTEE AMENDMENT "/^ " to H.P. 1264, L.D. 1893, "An Act to Establish
an Independent Office of the Child Advocate"
Amend the bill by striking out everything after the enacting clause and inserting the
following;
'See. 1. 2 MRSA §6, sub-§5, as amended by PL 2019,c, 343,Pt. 000, § 1, is further
amended to read:
5. Range 86. The salaries of the following state officials and employees are within
salary range 86:
State Archivist;
Director, Division of Land Use Planning, Permitting and Compliance;
Chair, Maine Unemployment Insurance Commission;
Child Welfare Services Ombudsman Advocate; and
Director of the Maine Drug Enforcement Agency.
Sec. 2. 5 MRSA §12004-G, sub-§5-B is enacted to read:
5-B.
Children's Services Advisory Committee to the Not Authorized 5 MRSA c. 641
Child Advocate
Sec. 3. 5 MRSA Pt. 32 is enacted to read:
PART 32
CHILD ADVOCATE
COMMITTEE AMENDMENT
ROS COMMITTEE AMENDMENT"^'
COMMITTEE AMENDMENT "/4 " to H.P. 1264, L.D. 1893
CHAPTER 641
OFFICE OF THE CfflLD ADVOCATE
826201. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the followine meanings.
1. Advisory committee. "Advisory committee" means the Advisory Committee to
the Child Advocate under section 26209.
2. Child. "Child" means a person who is under 18 years ofaee who is in the custody
of or receiving services from or arranged through a state agency, or is qualified to receive
such services, or in the past 3 years has been in such custody or received such services.
"Child" also means a person who jsunderAS years of aee and is in custody or detention m
any Department of Corrections juvenile correctional facility.
3, Child Advocate. "Child Advocate" means the individual apoomted by the
Governor and confirmed by the Legislature pursuant to section 26204 to serve as the
administrator of the Office of the Child Advocate and to perform all other duties as assiened
in this chapter.
4. Office. "Office" means the Office of the Child Advocate established in section
26202
5. Oversieht. "OversJRht" means reviewine. monitoring and recommending chanaes
to a state agency's imnlementation of laws and mles and all contracted orosrams. providers.
services and activities of that state asencv as well as that state aeencv's policies. procedures
and practices.
6. Record. "Record" means information created, received, possessed or controlled bv
or on behalf of a state aeencv.
7. Safety science. "Safety science" means the systematic aDplication of evidence-
based methods of incident review that recoenize human error not as cause, but consequence
and svmntom of conditions of the system in which decisions are made. A process erounded
in safety science takes into account all the mfluencina factors on decision makine to
determine the adeauacv of the mfrastructure tiiat suooorts decisions and influences
outcomes.
8. Services. "Services" means residential or home and communitv-based children's
behavioral health services or child welfare services provided directly by the Department of
Health and Human Services or indirectly Aroueh a private orovider or services orovided
by the Department of Corrections in a secure facility for children involved in the iuvemle
justice system. "Services" does not include standard juvenile correctional security
practices.
9. State asencv. "State agency" means a department, bureau or office of the State.
8 including any public or private child service agency orovidine services under contract or
aereement with a state aeencv to a child.
S26202. Office of the ChUd Advocate established; fund
Page2-132LR0112(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A " to H.P.1264, L.D,1893
1. Office established: purposes. The Office of the Child Advocate is established as
an independent aeency to provide independent oversight of state agencies and promote the
best interests of children and ensure that children receive timely, safe and effective services
in accordance with state and federal law. The office. notwithstandine anv nrovision of law
to the contrary, shall operate with full independence from any state official or state agency,
The office is established within the Department ofAdmmistrative and Financial Services
for administrative purposes only,
2. Fund. A fund is established within the Department of Administrative and Financial
Services to support the operation of the office. Any unexpended balance remaining m the
fund at the end of the fiscal year does not lapse and must be carried forward to the next
fiscal year.
§26203. Powers and duties of office
1. Complaints. The office shall review complaints and determine if the office
considers it necessary to:
A. Investieate the actions of a state aeencv and make recommendations to address
concerns;
B, Identify whether a complaint raises a systemic issue that must be addressed and
make recommendations to a state aeencv that is implicated; and
C. Make recommendations to a state agency related to specific comolaints.
2. Case-soecific reviews. The office may complete a case-soecific review on the
receipt of a complaint or on the office's own initiative. When coordmating a case-specific
review, the office shall coordinate efforts with the state agencies involved to minimize the
impact and trauma to the child, family and department personnel involved.
A, In a child welfare case. if there is a pending criminal investieation or prosecution
in state or federal court identified prior to or during a case-specific review, the office
mav consult with the Attorney General before oroceedine with the review. The
consultation with the Attorney General does not halt or delay the case-specific review.
B. If a review requires the office to interview a child receivine services from the
Department of Health and Human Services, the office shall consult with the Attorney
General. An interview must be conducted using trauma-informed and develoomentallv
sensitive interyiew techniques.
C. If a review requires the office to interview a child in the custody of the Department
of Corrections, the orosecutina attorney, the defense attorney for the child and the
Attorney General must all agree to the interview, includinp any specific terms of the
interview. An interview must be conducted using trauma-informed and
developmentallv sensitive interview techniques.
3. Svstems-wide or periodic review; recommendations. The office may complete
svstems-wide or periodic review of policies, uroerams. mles. procedures or services
offered to children and provide recommendations to address svstemic concerns in order to
improve the quality of care in order to urovide children with the oooortunitv to live full and
productive lives.
COMMITTEE AMENDMENT
^..f-
COMMITTEE AMENDMENT "/+" to H.P. 1264, L.D. 1893
4, Consultation. The Child Advocate shall reeularlv consult with state agencies and
the advisory committee and oarticitiate in conferences, meetings and studies aimed at
improving the performance of state agencies
5. Information and referral services. The office shall orovide information and
referral assistance to families and the public to assist families and the public in navieatine
and accessing services available through state aeencies and to promote the child's best
interest. The provision of information under this subsection does not constitute leeal
representation of a child or parent, A family may seek and must receive information
regardless of whether the family is represented by legal counsel. The information must be
provided free of charse. Failure to provide information under this subsection does not
create a cause of action or have any effect on a child wotective oroceedine.
6. Outreach and advocacy. The office shall perform educational outreach and
advocacy initiatives as part of the mission and responsibilities of the office and in
coordination withother relevant advocacy oreamzations. The office shall provide
information through a toll-free telephone number and a publicly accessible website.
§26204. Child Advocate: term: auoointment: removal
1. Appointment. The Governor shall aouomt the Child Advocate to supervise the
office, serve as the office's administrator and oerfonn all other duties as assiened bv this
chanter. The annointment must be made on the recommendation of the advisory committee
from the list provided pursuant to section 26209. subsection 4. paraeraoh A and is subject
to review by the joint standing committee of the Leeislature having jurisdiction over health
and human services matters and to confirmation by the Legislature. No later than 8 weeks
after receivina the list of candidates from the advisory committee, the Governor shall
designate a candidate for Child Advocate from among those recommended by the advisory
committee and submit the anpomtment for aooroval by the Legislature. If a candidate
withdraws from consideration prior to approval bv the Lesislature. the Governor shall
designate another candidate from amona the remainina candidates recommended by the
advisory committee to the Governor. If the Governor fails to designate a candidate within
8 weeks after receivine the recommendations of the advisory committee, the candidate
ranked first bv the advisory committee is deemed aooointed and submitted for aooroval by
the Legislature, The position of Child Advocate is a full-time, unclassified position.
2. Term. The Child Advocate serves a term of 5 years and until a successor is
3 appointed and aooroyed. A vacancy in the position of Child Advocate must be filled in the
same manner as the original apoomtment was made for the remainder of the unexoired
term. The Child Advocate's term may be renewed as described in subsection 3.
3. Reappointment. The advisory committee may recommend reappointment of the
Child Advocate by orovidine notice to the Governor. If the Governor does not respond to
8 the recommendation for reaooouitment within 8 weeks after receivine the recommendation
from the advisory committee. the Child Advocate's reappomtment must be referred to the
Legislature for aoproval.
4. Qualifications. A person appointed to the position of Child Advocate must be
selected without regard to political affiliation and on the basis of integrity and demonstrated
ability and must possess a professional graduate degree in law. health care. public health.
social work or a related field and be qualified by education, experience and expertise to
perform the duties of the position. The anoointee must have knowledee of safety science
Page4-132LR0112(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"^. "toH.P. 1264, L.D. 1893
and juvenile correctional practices or be willing to undergo training as determined by
industry standards for safety science-based system and juvenile correctional practices.
5. Removal. The Child Advocate mav be removed from office for cause bv the
Governor with atwroval by a 2/3 vote of the Senate. As used in this subsection. "cause"
includes, but is not limited to, substantial neglecLofduty, erossmisconduct, o^conviction
of a crime. The cause for removal of the Child Advocate must be stated in writine. and
that document must be sent to the Secretary of the Senate and the Clerk of the House of
Representatives and is a public document.
6. Associate Child Advocate hire; other oersonnel. The Child Advocate shall hire
an Associate Child Advocate. who must meet the same qualifications required of the Child
Advocate as specified in subsection 4. The Child Advocate may. subject to available
aBBTOBriations, hire such other Dersonnela.s the Child Advocate considers necessary for the
efficient manaeement of the office. The duties of the nersonnel must be oerformed under
the supervision of the Child Advocate. If a vacancy occurs in the position of Child
Advocate and until such time as a candidate has been aooomted by the Governor and
approved bv the Leeislature. the Associate Child Advocate shall serve as the acting Child
Advocate and is entitled to the compensation and orivileees of and exercises the powers of
the Child Advocate.
§26205. Access to oersonnel. files, records and facilities: confidentiaUtv
When necessary to fulfill its duties as described in this chapter, the office has access to
files, records, personnel and facilities as described in this section.
1. Access to Deoartment of Health and Human Services and certain facilities and
residential programs. Access by the office to the Department of Health and Human
Services and facilities and residential oroerams servina children is eovemed by this
subsection,
A. The office has access, for which a fee may not be imposed, to files and records of
the Deoartment of Health and Human Services and to the oersonnel of the deoartment
for the purposes of an investieation of a complaint or for a case-soecific review. The
office may also enter the premises of the department for the purposes of investiaation
of a complaint or case-soecific review without prior notice.
B. The office may visit facilities and residential oroerams servine children.
C. Information obtained by the office under this subsection is confidential. DisclQsure
may be made as allowed or required in accordance with the provisions of Title 22.
section 4008. subsections 2 and 3. Unlawful dissemination is subject to the provisions
of Title ll^ection 4008, subsection 4.
2. Access to Department of Corrections. Access bv the office to the Department of
Corrections is governed by this subsection.
A. The Child Advocate has access, for which a fee may not be imnosed, to information
reeardine juveniles, subiect to the limitations soecified in Title 34-A. section 1216.
held by the Department of Corrections, except that juvenile intelligence and
investigative record information remains subject to Title 15. section 3308-A and
Dersonnel records remain subiect to section 7070, The Child Advocate mav also enter
the premises of the department for the purposes of mvestieation of an inquiry or
COMMITTEE AMENDMENT
4'
COMMITTEE AMENDMENT "/+-" to H.P. 1264, L.D. 1893
complaint without prior notice as lone as such entry does not create a safety and
security concern.
B. Information obtained under this subsection is confidential. Disclosure may be made
as allowed under Title 34-A. section 1216 and Title 15. section 3308-A. Unlawful
dissemination is subject to the provisions of Title 34-A. section 1216, subsection 3.
826206. Confidentialih^ of records
1. Confidentiality; disclosure. A record held by or created by the office is
coafidential and may be disclosed only as described in subsection 2 and section 26205.
2. Disclosure ofinvestisation findines. Notwithstandme any Drovision of law to the
contrary, if the Child Advocate determines that the health, safety or welfare of a child is at
risk. the office may disclose to the relevant entity only those details of investieation
findings necessary to address the issue, subject to the followine limitations.
A. The name, address or other identifyine information of an individual who is the
subject of a confidential oroceedine or that is subject to a statutory confidentiality
orovision mav not be released bv the relevant entity to the oublic.
B. Unless agreed to by the Department of Health and Human Services, the Department
of Corrections and the Office of the Attorney General. investigation findings mav not
be released by the relevant entity if there is a pending child protection action, a pending
criminal investigation, a pendine prosecution or a oendine proceedmg under the Maine
Juvenile Code.
3. Exception to archive laws. Notwithstandine section 95-C. subsection 1. oarasraph
C. any recordsheldbvor created by the Child Advocate must remain confidential until the
relevant records have been in existence for 100 years.
826207. Notification of child death
The Department of Health and Human Services shall notify the Child Advocate of a
death of a child if:
1. Child welfare involvement. The child was involved with child welfare services at
any time: or
2. Abuse or neelect. The fatality is suspected ofbeine the result of abuse or neelect
as defined in Title 22. section 4002. subsection 1 .
Notification under this section must occur within 48 hours of a determination by the
department that this section applies to the child death, The notification may be provided
by oral or electronic communication,
S26208. Reportine and oversieht
1. Annual report. BcRJnmng in 2028. the Child Advocate shall report annually by
January 15th to the Governor, the ioint standine committee of the Leaislature havine
jurisdiction over health and human services matters, the joint standine committee of the
8 Legislature having jurisdiction over juvenile justice matters and the advisory committee on
the activities of the office. The report must include an account of complaints received.
case-specific reviews conducted, systems-wide recommendations, information and referral
services, outreach and advocacy and any obstacles to carrying out the requirements of the
office. The reDort is a public record.
COMMIHEE AMENDMENT
A'<
COMMITTEE AMENDMENT "/4 " to H.P. 1264, L.D. 1893
2. Oversieht. The ioint standing committee of the Leaislature havine jurisdiction over
health and.human services matters shall review the operations of the office and may make
recommendations to the Governor reeardine the operations and administration of the
office. The joint standing committee may report out legislation related to the annual report
under subsection 1.
826209. Advisory Committee to the Child Advocate
1. Membership. The Advisory Committee to the Child Advocate. as established in
section 12004-G, subsection 5-B. consists of the following members;
A. A member of the Senate apDointed by the President of the Senate;
B^Amember of the House of Representatives aoDomted by the Speaker of the House;
C. Two members with lived experience with children's services administered by a state
aeencv. includine child protection. juvenile justice and developmental or educational
services, as a child or family member, oneofwhomis^p^ by the President of
the Senate and one of whom is appointed by the Speaker of the House:
D. One member with expertise in special education apDointed by the President of the
Senate;
E. One member with expertise in mental health and substance use disorder treatment
aopointed by the Speaker of the House;
F. One member with expertise in juvenile Justice systems and restorative justice
aonointed bv the President of the Senate;
G, One member with colicv expertise in children's behavioral health services or child
welfare appointed by the Speaker of the House:
EL_Qne_member representing Ae Maine Chapter of the American Academy of
Pediatrics or a successor organization appointed by the Governor;
I. One member with expertise in standards that aoolv in juvenile correctional facilides
aooointed by the Governor; and
J. A member of the oublic aooointed bv the Governor.
The advisory committee members shall elect a chair at the beeinnine of each calendar year.
The chair may be reelected by the advisory committee.
2. Desienees. A member of the advisory committee may aoooint a desienee to
represent the member on the advisory committee. A desianee. once aooointed. qualifies as
a fall voting member of the advisory committee with all the rights and orivileees of full
membership on the advisory committee.
3. Terms of members. Legislative members of the advisory committee serve a term
coterminous with their term in office. All other members serve 3-vear terms. Members
mav be reaoDointed. Anv vacancy on the advisory committee must be filled in the same
manner as the oriainal appointment, but for the unexpired term.
4. Duties. The advisory committee shall:
A. Recommend at least 3 Qualified candidates to the Governor, ranked in order bv
qualifications, for appointment to the oosition of Child Advocate. except that. at the
conclusion of the Child Advocate's 5-year term and upon receipt of a request from the
COMMIHEE AMENDMENT
ROS
COMMITTEE AMENDMENT " A" to H.P. 1264, L.D. 1893
Child Advocate to be considered for reappointment. the advisory committee shall
determine whether to recommend reaopointment:
B. Evaluate the Child Advocate's performance as determined necessary based on
feedback received related to fhe Child Advocate:
C. Annually recommend whether the Child Advocate should receive a cost-of-living
increase, salary increase or both in accordance with oerformance evaluations and
request that the Governor include the necessary aoorooriation in the next biennial or
supplemental budget;
D. Advise the Child Advocate on the strateeic direction of the office and its mission
and helBJiromote.the use of. eneaeement in and access to the office;
E. Work coooerativelv with the Child Advocate to orovide fiscal oversight of the
general ooeratinR budget of the office and ensure that the office operates in compliance
with the orovisions of this chapter and state and federal laws relating to children's
services; and
F. Provide consultation to the office in its effort to promote an effective.
comprehensive and coordinated system of services and oroerams for children and
families.
5. Quorum: meetines. Six members of the advisory committee constitute a quorum
for a meeting. The advisory committee may meet as often as necessary but no less than 3
times a vear.
826210. Rules
The office shall adopt mles to carry out this chapter. The roles must include. but are
not limited to. procedures and processes related to the complaint system, case-soecific
reviews and coordination with other entities with overlaooine jurisdiction and during co-
occurrina invesrigations or reviews. includine state agencies: child advocacy centers
established pursuant to Title 22. section 4019: the child death and serious injury review
panel established pursuant to Title 22. section 4004. subsection 1. paraeraoh E: and
criminal justice agencies as defined m Title 16. section 803. subsection 4 with
responsibility for juvenile justice records collected pursuant to Title 15. sections 3308-A
and 3308-B. Rules adopted pursuant to this section are routine technical mles as defined
in chapter 375. subchaoter 2-A.
Sec. 4. 18-C MRSA §5-127, sub-§4, as enacted by PL 2017,c.402, Pt. A, §2 and
affected by PL 2019, c. 417,Pt. B, §14, is amended by amending the first blocked paragraph
to read:
The organization shall maintain records on the training and background checks of agents,
including the content and dates of training and full transcripts of background checks, for a
period of not less than 5 years after the minor attains 18 years of age. The organization
8 shall make the records available to a parent or guardian executing a power of attorney under
this section and to the ombudsman Office of the Child Advocate under Title 3A 5, seetiea
4987-A- chapter 641 and any local, state or federal authority conducting an investigation
involving the agent, the parent or guardian or the minor.
Sec. 5. 22 MRSA §4004, sub-§l, ^fE, as amended by PL 2023, c. 261, §1, is further
amended to read:
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "/~f " to H.P. 1264, L.D, 1893
E, Establishing a child death and serious injury review panel for reviewing deaths and
serious injuries to children. The panel consists of the following members: the Chief
Medical Examiner, a pediatrician, a public health nurse, forensic and community
mental health clinicians, law enforcement officers, departmental child welfare staff,
district attorneys, criminal or civil assistant attorneys general and the ombudsman
pursuant to section -4W-A Child Advocate or a designee of the ombudsman Child
Advocate.
The purpose of the panel is to recommend to state and local agencies methods of
improving the child protection system, including modifications of statutes, rules,
policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the
department shall submit a report to the joint standing committee of the Legislature
having jurisdiction over health and human services matters.
The panel shall submit a report to the joint standing committee of the Legislature
having jurisdiction over health and human services matters at least every 3 months.
The panel may submit a combined report with the child welfare advisory panel
established in section 4010-D or any judicial branch task force or panel with a focus
on the child welfare system or child protective proceedings. Any presentation of the
report to the committee must be presented by the citizen members of the panels to the
extent possible. Each quarterly report must contain, at a minimum, the following:
(1) A summary of generalized and anonymized observations in the prior 3-month
period regarding efforts by the Office of Child and Family Sendces to improve the
child welfare system;
(2) A summary offhe collaboration between the child welfare advisory panel and
the child death and serious injury review panel as well as any judicial branch task
force or panel with a focus on the child welfare system or child protective
proceedings; and
(3) Any recommendations on how to further protect the State's children through
department policy and rulemaking and through legislation;
Sec. 6. 22 MRSA c. 1071, sub-c. 10-A, as amended, is repealed.
Sec. 7. Funds transferred. Notwithstanding the Maine Revised Statutes, Title 5,
sections 1585 and 1586, all accmed expenditures, assets, liabilities, balances or allocations,
transfers, revenues or other available funds in any account or subdivision of an account of
the Department of Health and Human Services or the Executive Department and authorized
for use by the child welfare services ombudsman program under Title 22, section 4087-A
must be reallocated to the Department of Administrative and Financial Services, Office of
the Child Advocate under Title 5, chapter 641 on October 1,2026.
Sec. 8. Personnel transfer. As of October 1, 2026, 3 personnel from the child
welfare services ombudsman program employed under the contract on the effective date of
this Act are transferred to the Office of the Child Advocate at their existing budgeted
compensation until such time as the Legislature has confirmed the Child Advocate. As
authorized by the Maine Revised Statutes, Title 5, section 26204, subsection 6, the Child
Advocate confirmed by the Legislature shall hire an Associate Child Advocate and any
staff necessary for the efficient management of the Office of the Child Advocate. The
Child Advocate may hire any of the staff transferred to the office during the interim period.
COMMITTEE AMENDMENT
'A
COMMITTEE AMENDMENT "ZA " to H.P.1264, L.D.1893
All personnel employed by the Office of the Child Advocate are state employees with all
the rights and privileges of state employees.
Sec. 9. Interim Child Advocate. The Governor shall appoint an interim Child
Advocate no later than October 1, 2026 to serve until a Child Advocate is appointed
according to the Maine Revised Statutes, Title 5, chapter 641, giving preference to the child
welfare services ombudsman contracted under Title 22, section 4087-A. The Governor
shall appoint a Child Advocate no later than July 15,2027.
Sec. 10. Implementation resource needs assessment. Prior to the Governor's
appointment of the Child Advocate, the interim Child Advocate shall prepare an in-depth
report of resource needs, including but not limited to staffmg, equipment, travel,
consultancies, access to records and any other requirements for implementing the
requirements of the Maine Revised Statutes, Title 5, chapter 641. The report must be
submitted to the joint standing committee of the Legislature having jurisdiction over health
and human services matters no later than Febmary 15, 2027. The joint standing committee
may report out legislation to the 133rd Legislature in 2027 to make any necessary
adjustments to the Office of the Child Advocate related to the report.
Sec. 11. Appointments to Advisory Committee to the Child Advocate.
Appointments to the Advisory Committee to the Child Advocate, as established in the
Maine Revised Statutes, Title 5, section 26209, must be made by the relevant appointing
authorities no later than March 15, 2027, Notwithstanding Title 5, section 26209,
subsection 3, the members initially appointed pursuant to Title 5, section 26209, subsection
1, paragraphs D, E and J serve for a one-year term and the members initially appointed
pursuant to Title 5, section 26209, subsection 1, paragraphs C and H serve for a 2-year
term.
Sec. 12. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Office of the Child Advocate N580
Initiative: Establishes one Public Service Coordinator II position and 2 Public Service
Coordinator I positions in the Office of the Child Advocate, beginning October 1, 2026.
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATWE COUNT 0.000 3.000
Personal Services $0 $324,220
AllOther $0 $16,326
GENERAL FUND TOTAL $0 $340,546
Office of the Child Advocate N580
Initiative: Provides one-time funding for office needs, staffing needs, contracting services
and training during the transition into the Office of the Child Advocate.
GENERAL FUND 2025-26 2026-27
AllOther $0 $100,000
GENERAL FUND TOTAL $0 $100,000
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "/^ " to H.P. 1264, L.D. 1893
Office of the Child Advocate N580
A-
one
II position, beginning April 1, 2027.
GENERAL FUND
POSITIONS - LEGISLATP/E COUNT
Personal Services
All Other
GENERAL FUND TOTAL
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS
GENERAL FUND
DEPARTMENT TOTAL - ALL FUNDS
EXECUTIVE DEPARTMENT
Ombudsman Program 0103
Initiative: Deappropriates and deallocates fundin
ombudsman program to be transferred over to
effective October 1, 2026.
GENERAL FUND
All Other
GENERAL FUND TOTAL
FEDERAL EXPENDITURES FUND
All Other
FEDERAL EXPENDITURES FUND TOTAL
EXECUTIVE DEPARTMENT
DEPARTMENT TOTALS
GENERAL FUND
FEDERAL EXPENDITURES FUND
DEPARTMENT TOTAL - ALL FUNDS
LEGISLATURE
0081
one
2025-26
0.000
$0
$0
$0
2025-26
$0
$0
2026-27
2.000
$55,204
$3,628
$58,832
2026-27
$499,378
$499,378
g from the contract for the child welfare
the new Office of the Child Advocate,
2025-26
$0
$0
2025-26
$0
$0
2025-26
$0
$0
$0
2026-27
($241,539)
($241,539)
2026-27
($37,150)
($37,150)
2026-27
($241,539)
($37,150)
($278,689)
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT "^ " to H.P. 1264, L.D, 1893
Initiative: Appropriates funds for the costs of Legislators participating on the Advisory
Committee to the Child Advocate.
GENERAL FUND 2025-26 2026-27
Personal Services $0 $330
All Other $0 $720
GENERAL FUND TOTAL $0 $1,050
LEGISLATURE
DEPARTMENT TOTALS 2025-26 2026-27
1112 GENERAL FUND $0 $1,050
DEPARTMENT TOTAL-ALL FUNDS $0 $1,050
SECTION TOTALS 2025-26 2026-27
1718 GENERAL FUND $0 $258,889
FEDERAL EXPENDITURES FUND $0 ($37,150)
SECTION TOTAL-ALL FUNDS $0 $221,739
See. 13. Effective date. This Act takes effect October 1,2026.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. It eliminates the child welfare services ombudsman
program and replaces it with the Office of the Child Advocate. The ombudsman program
was established as a contract with a 5-year term. The Office of the Child Advocate is
established as an independent office within the Department of Administrative and Financial
Services for administrative purposes only. The Child Advocate is appointed for a 5-year
term that may be renewed. The Child Advocate must have a professional graduate degree
in law, health care, public health, social work or a related field. The Child Advocate must
also have knowledge of safety science and juvenile correctional practices or be willing to
undergo training. The Child Advocate is required to hire an Associate Child Advocate,
who must be similarly qualified.
The Office of the Child Advocate is established to provide independent oversight of
state agencies and promote the best interests of children and ensure that children receive
timely, safe and effective services in accordance with state and federal law.
The office is required to review complaints and determine if it is necessary to
investigate the actions of a state agency and make recommendations to address concerns,
identify whether the issue is systemic and make recommendations on specific complaints.
The office may complete case-specific reviews on the receipt of complaints or on the
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "M " to H.P. 1264, L.D, 1893
"A-
office's own initiative. In a child welfare case, if there is a pending active criminal
investigation or prosecution in state or federal court, the office may consult with the
Attorney General before proceeding with the review. If the review requires the office to
interview a child receiving services from the Department of Health and Human Services,
the office must consult with the Attorney General. If the review requires the office to
interview a child receiving services from the Department of Corrections, the prosecuting
attorney, the defense attorney for the child and the Attorney General must all agree to the
interview, including any specific terms of the interview, in order for an interview to take
place.
The office may complete systems-wide or periodic review of policies, programs, mles,
procedures or services offered to children and offer recommendations to address systemic
concerns.
The office is required to provide information and referral assistance to families and the
public and assist them in navigating and accessing services although this does not constitute
legal representation. The office is also required to perform educational outreach and
advocacy.
The office has access to files and records from the Department of Health and Human
Services and to the premises of the department. The office may also visit facilities and
residential programs serving children. The office has access to juvenile information held
by the Department of Corrections except for juvenile intelligence and investigative record
information and personnel records. The office may enter the premises of the department
as long as the entry does not create a safety and security concern. Information obtained,
held or created by the office is confidential and may be disclosed only under certain
circumstances.
The amendment creates the Advisory Committee to the Child Advocate, which is an
11 -member committee with members who serve 3 -year terms, except for Legislators on the
committee, whose terms are cotenninous with their term in office. Members may be
reappointed. The duties of the advisory committee include: recommending at least 3
qualified candidates for the Child Advocate position to the Governor as well as determining
whether to recommend reappointment of the Child Advocate; evaluating the Child
Advocate's performance; recommending cost-of-living or salary increases for the Child
Advocate and requesting the Governor to include any salary increase in the next budget;
advising on the strategic direction of the office; working collaboratively with the Child
Advocate to provide fiscal oversight and compliance with federal and state laws; and
providing consultation to the office in its efforts to promote an effective, comprehensive
and coordinated system of services and programs. Appointments to the advisory committee
must be complete by March 15,2027. The first temis of the members are staggered, The
advisory committee must be in place to make recommendations of candidates to the
Governor for the first Child Advocate.
The Child Advocate is required to report annually to the Governor, the joint standing
committees of the Legislature having jurisdiction over health and human services matters
and juvenile justice matters and the Advisory Committee to the Child Advocate. The joint
standing committee of the Legislature having jurisdiction over health and human services
matters has oversight over the operations of the office and may make recommendations to
the Governor and report out legislation,
COMMITTEE AMENDMENT
w
COMMITTEE AMENDMENT u l\ " to H.P. 1264, L.D. 1893
'"Zl"(
The office has routine technical rule-making authority. Rules must include procedures
related to the complamt system, case-specific reviews and coordination with other entities
with overlapping jurisdiction and during co-occurring investigations.
The amendment transfers the funding and the positions from the current ombudsman
contract to the Office of the Child Advocate as of October 1, 2026. The appointment of
the first Child Advocate must be made by July 15, 2027. The new Child Advocate may
hire staff as necessary, which may include the staff that were transferred. Beguming April
1, 2027, funding is available for 2 additional staff, one of which is professional child
advocate staff and one of which is administrative staff. It also requires an additional
$100,000 for staffmg, office expenses, training and contractual services. The Governor is
required to appoint an interim Child Advocate by October 1, 2026, giving preference to the
current ombudsman. The interim Child Advocate is required to prepare an in-depth report
of resource needs, including staffing, equipment, travel and consultancies, to implement
the new office. The report must be submitted by February 15, 2027 to fhe joint standing
committee of the Legislature having jurisdiction over health and human services matters.
The joint standing committee may report out legislation to make any necessary adjustments
to the office.
FISCAL NOTE REQTORED
(See attached)
Pagel4-132LR0112(02)
COMMITTEE AMENDMENT
Revised; 04/06/26 t-Kt-
LD 1893 LR 112(02)
An Act to Establish an Independent Office of the Child Advocate
Fiscal Note for Bill as Amended by Committee Amendment
Committee; Health and Human Services
Fiscal Note Required: Yes
A W
Fiscal Note
Legislative Cost/Study
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
.«t Cost (Savings)
General Fund $0 $258,889 $370,286 ' $386,465
Appropriations/Allocations
General Fund $0 $258,889 $370,286 $386,465
Federal Expenditires Fund $0 ($37,150) ($57,150) ($57,150)
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Department of Administration and Financial Services of
$258,889 in fiscal year 2026-27 to establish the Office of the Child Advocate (office) effective October 1, 2026. This
includes deappropriating and deallocating funding from the contract for the current Child Welfare Ombudsman
Program and establishing 3 positions in the office on October 1, 2026, The bill also establishes 2 new positions in the
office, beginning April 1, 2027. A one-time appropriation of $100,000 is included for the transition costs including
office needs, staffing, contracting services, and training.
The bill provides an ongoing General Fund appropriation to the Legislature of $1,050 in fiscal year 2026-27 for the
costs of legislators participating on the Advisory Committee to the Child Advocate,
Any additional costs to the Office of the Attorney General and the Department of Corrections to implement the
provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources.
LRO 112(02) - Fiscal Note - Page 1 of 1