2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 6C - Office of the Ombudsperson for Children › § 4–671.06. Powers

§ 4–671.06. Powers.
(a) Notwithstanding any other provision of law, the Ombudsperson shall have the power to:
(1) Access, examine, and copy, without payment of a fee, any agency record that is required for the discharge of the Ombudsperson's duties;
(2) Make inquiries and obtain assistance and information from an agency, an agency-licensed or contracted service and placement provider, or an entity that must operate under or comply with guidance from an agency that is required for the discharge of the Ombudsperson's duties;
(3) Log-in directly to CFSA's web-based case management and electronic data systems that service CFSA children without having to first obtain CFSA's consent or provide notice;
(4) Conduct inspections of the premises, or any part thereof, without prior notice, of CFSA and licensed or contracted placement providers, including secure facilities and group homes, but excluding licensed single-family foster homes, that are necessary for the discharge of the Ombudsperson's duties;
(5) Conduct inspections of the premises, or any part thereof, with prior notice and consent, of single-family foster homes, contracted or licensed service providers, and any entity that must operate under or comply with guidance from CFSA that are necessary for the discharge of the Ombudsperson's duties;
(6) Issue a subpoena, enforceable in Superior Court of the District of Columbia, to compel the attendance and testimony of any person or to produce any record from an agency, an agency-licensed or contracted service and placement provider, or an entity that must operate under or comply with guidance from an agency that is required for the discharge of the Ombudsperson's duties;
(7) Communicate privately with a CFSA child who wishes to speak to the Ombudsperson, without prior notice to, or consent or interference from, CFSA; and
(8) Communicate privately with an agency employee without prior notice to, consent or interference from, or in the presence of, that employee's supervisor, manager, or any other senior managers of the agency.
(b) If the Ombudsperson, during the course of an investigation, requests to communicate with a CFSA child who is not the complainant:
(1) The CFSA child shall have the opportunity to consult with counsel before communicating with the Ombudsperson; and
(2) The Ombudsperson shall not compel a CFSA child to communicate with the Ombudsperson.
(c) The Ombudsperson shall not:
(1) Take any personnel action, except with regard to the employees of the Office; or
(2) Provide legal advice or legal representation.
(Apr. 5, 2021, D.C. Law 23-270, § 106, 68 DCR 001510.)
Applicability
Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the creation of this section by § 106 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.