Washington Administrative Code Title 112 - Family and Children's Ombudsman, Office of the
The Washington Administrative Code (WAC), Title 112, is dedicated to the Office of the Family and Children's Ombudsman. This office serves as an independent, impartial body within the Governor's Office, tasked with investigating complaints related to the actions or inactions of state agencies (like the Department of Children, Youth, and Families - DCYF, or parts of the Department of Social and Health Services - DSHS) that affect children and families, particularly those involved with child protection or child welfare services.
The regulations in WAC Title 112 outline the structure, purpose, authority, and procedures of the Ombudsman's office, ensuring transparency and accountability in its operations.
Here's a breakdown of the key chapters and their typical content within WAC Title 112:
Chapter 112-10: Agency organization.
Purpose (WAC 112-10-010): Clearly states the mission of the Office of the Family and Children's Ombudsman. This includes promoting public awareness and understanding of family and children's services, identifying systemic issues, and monitoring compliance with laws, rules, and policies related to these services. The overarching goal is to ensure agencies are doing their job effectively and reasonably.
Authority (WAC 112-10-030): Defines the legal basis for the Ombudsman's office, typically referencing the relevant Revised Code of Washington (RCW) statutes (e.g., RCW 43.06A.030).
Definitions: Provides definitions for key terms used in the chapter, such as "ombudsman," "agency," "complaint," and "child at risk."
Office Operations: Details how the office is organized, including its location, contact information, and hours of operation.
Duty to Report (WAC 112-10-050): This is a critical section, stating that if the ombudsman or staff has reasonable cause to believe that a person has acted in a manner warranting criminal or disciplinary proceedings, they shall report the matter to the appropriate authorities. "Reasonable cause" is defined as direct knowledge or credible information from an investigation.
Confidentiality (WAC 112-10-060): Emphasizes the confidential nature of the Ombudsman's records and communications. It specifies that the identity of a complainant will not be disclosed to the agency without their permission, and that the Ombudsman's records are generally protected from public disclosure, civil discovery, or court subpoena. This is crucial for encouraging individuals to come forward with complaints without fear of reprisal.
Powers and Duties (WAC 112-10-070): Outlines the specific powers and duties of the Ombudsman, which typically include:
Receiving and investigating complaints.
Intervening when an agency's action or inaction is unauthorized or unreasonable.
Accessing relevant information, documents, and personnel from state agencies.
Making recommendations to agencies, the Governor, and the Legislature for systemic improvements.
Publishing reports on identified issues and recommendations (while protecting confidential information).
Acceptance of Complaints (WAC 112-10-080): Specifies the criteria for the Ombudsman to accept a complaint for investigation, including the scope of the Ombudsman's jurisdiction (e.g., must involve an agency action/inaction, a child at risk, or child protection/welfare services). It also outlines the types of complaints that may not be investigated (e.g., those already being addressed by a court, those outside the Ombudsman's jurisdiction).
Investigation Procedures: While not always detailed in every section, this chapter implies the process for conducting investigations, gathering facts, interviewing parties, and reaching findings.
Referrals: The Ombudsman's office may refer complaints to other appropriate agencies or resources if the issue falls outside its purview.
Overall Purpose and Importance of WAC Title 112:
WAC Title 112 is fundamental to the operation of the Office of the Family and Children's Ombudsman in Washington State. It ensures:
Independent Oversight: Provides a mechanism for impartial review of state agency actions affecting children and families, separate from the agencies themselves.
Accountability: Holds state agencies accountable for their decisions and practices in child welfare.
Advocacy for Vulnerable Populations: Offers a voice and a channel for redress for children, parents, foster parents, and others who may feel unheard or unfairly treated by the system.
Systemic Improvement: Through investigation and reporting, the Ombudsman identifies patterns and systemic issues, leading to recommendations for policy, procedural, or legislative changes to improve child welfare services statewide.
Transparency and Trust: By operating under clear rules and maintaining confidentiality, the office builds trust with the public it serves.
For the most accurate and up-to-date version of these rules, you should always refer to the official sources:
Office of the Family and Children's Ombudsman (OFCO) official website: This website provides practical information on how to file a complaint and what the office does. You can usually find it by searching for "Washington State Family and Children's Ombudsman."
RELATED Blog
0 comments