§525. State child ombudsman; duties

            A.(1) There shall be a state child ombudsman who shall be appointed by the legislative auditor and shall serve at the pleasure of the legislative auditor at a salary fixed by the legislative auditor.

            (2) The state child ombudsman appointed by the legislative auditor shall have knowledge of the child welfare system and the legal system and be qualified by training and experience to perform the duties provided for in this Section.

            B. The state child ombudsman shall act as an independent ombudsman monitoring and evaluating the public and private agencies involved in the protection of children and delivery of services to children, reviewing state policies and procedures to ensure they protect children's rights and promote their best interest, and safeguarding the welfare of children through educational advocacy, system reform, public awareness, and training.

            C. The state child ombudsman shall have all of the following duties and responsibilities:

            (1) Evaluate the delivery of services to children by state agencies and those entities that provide services to children through funds provided by the state.

            (2) Periodically review the procedures established by any state agency providing services to children, with a view toward the rights, needs, welfare, and safety of the children, and recommend revisions to the procedures.

            (3) Review complaints of persons concerning the actions of any state agency providing services to children and of any entity that provides services to children through funds provided by the state, make appropriate referrals, and coordinate when the state child ombudsman determines that a child or family may be in need of his assistance or that a systemic issue in the state's provision of services to children is raised by the complaint.

            (4) Act as a liaison for a child or family, including but not limited to advocating with an agency, provider, or others on behalf of the best interests of the child.

            (5) Periodically review the facilities and procedures of any institution or residence, public or private, where a child has been placed by any state agency or department.

            (a) For purposes of this Section, the term "residence" means congregate care facilities and does not include foster homes.

            (b) For purposes of this Section, the term "access" means policies and availability of services.

            (6) Recommend changes in state policies concerning children, including changes in the system of providing juvenile justice, childcare assistance, foster care, and access to physical and mental health treatment.

            (7) Conduct programs of public education, undertake legislative advocacy, and make proposals for systemic reform in order to ensure the rights and needs of children who reside in this state.

            (8) Periodically review and recommend changes in the policies and procedures for the placement of special needs children. For purposes of this Section, "special needs" means the individualized care that children with a disability, whether physical, mental, behavioral, emotional, or learning difficulties, require to ensure their safety, access to public amenities, or ability to succeed in certain contexts.

            (9) Serve or designate a person to serve as a member of the State Child Death Review Panel.

            (10) Take appropriate steps to advise the public of the services and purpose of his position and his contact information.

            (11) Prepare a biennial, in-depth report on conditions of confinement regarding children twenty-one years of age or younger who are held in secure detention in any facility operated by a state agency or those that receive state funding.

            (12) Present to the legislature an annual report on the goals of and projects undertaken by him, within available appropriations, that are consistent with the duties and responsibilities provided for in this Section.

            (13)(a) Notify all of the following within twenty-four hours of being notified by the department of the fatality or near fatality of a child:

            (i) The senator and representative who represent the district in which a child who has died, as a result of abuse or neglect, resided or, if unknown, the district in which the child died.

            (ii) The speaker pro tempore of the House of Representatives.

            (iii) The president pro tempore of the Senate.

            (iv) The chairs of the House and Senate committees on health and welfare.

            (b) The notification shall include the information provided to the state child ombudsman pursuant to Subparagraphs (E)(1)(a) through (d) of this Section.

            (14) Conduct an annual review of the implementation of R.S. 46:109 by the Department of Children and Family Services and the Louisiana Department of Health, including the timely compliance with reporting requirements and a review of department procedures.

            D. Any state agency having responsibility for the custody or care of children shall provide monthly notice to the state child ombudsman of the death of a child in its custody or care.

             E.(1) The Department of Children and Family Services shall notify the state child ombudsman in writing within three business days of receiving a report of a fatality or near fatality of any child whose fatality or near fatality is the subject of a child abuse or neglect investigation. The notification shall include all of the following:

            (a) The date of the child's death.

            (b) The age of the child.

            (c) The biological sex of the child.

            (d) The child's parish of residence.

            (e) The identification number assigned to the report.

            (f) The date on which the report was accepted for investigation.

            (2)(a) The Department of Children and Family Services shall notify the state child ombudsman in writing within three business days after the conclusion of an investigation into a fatality or near fatality of any child.

            (b) When the determination is that the report is substantiated the notification shall include all of the following:

            (i) The identification number assigned to the report.

            (ii) Whether the perpetrator had previously been reported to the Department of Children and Family Services for alleged child abuse or neglect of any child.

            (iii) Whether the child had previously been the subject of a child abuse or neglect report or investigation.

            (iv) Whether the fatality or near fatality occurred during an active child protective services investigation or an open family services case.

            (c) When the determination is that the report is inconclusive or unsubstantiated the notification shall include all of the following:

            (i) The identification number assigned to the report.

            (ii) A statement that the report was not substantiated.

            F. The standing committee of each house of the legislature having responsibility for oversight shall perform a biennial review and evaluation of the state child ombudsman and the provisions of this Section.

            G. Notwithstanding any other provision of law to the contrary and to the extent allowed by federal law, the state child ombudsman shall have unrestricted remote access to departmental computer networks, including access to any and all case management systems, databases, and department policy and procedure systems, pertaining to state agencies that provide services to children through funds provided by the state. The child ombudsman shall not have the ability to add to, edit, delete, alter, reproduce, or distribute any data or document in any department's system. The child ombudsman may publish reports, findings, or recommendations, or aggregate or de-identified data derived from information accessed in accordance with this Subsection provided that no confidential or personal identifying information is disclosed in violation of state or federal law. The child ombudsman shall not disclose the identifying information concerning an individual who initiated a report or complaint of alleged child abuse or neglect contained within any network or case management system accessed pursuant to this Section. The ombudsman shall, upon request, have permission to view and use physical documents and records, including audio and video recordings, relevant to the ombudsman's statutory duties. To the extent allowed by federal law, such documents and records shall include but not be limited to the applications and case files of the Louisiana Department of Health and the Department of Children and Family Services except for restrictions provided in Title IV-D of the Social Security Act and the Internal Revenue Code, juvenile court judgments and court minute entries, records and reports of children in the custody of or under the supervision of the office of juvenile justice, student records in the possession of the State Department of Education, any parish or city school board, and any elementary or secondary education school, including charter schools. The state child ombudsman shall comply with any and all restrictions imposed by law on documents, data, or information considered confidential or privileged and furnished to the state child ombudsman.

            H. Notwithstanding any other provision of law to the contrary, the state child ombudsman shall not be compelled to be a witness or be deposed in any case where the state child ombudsman is not personally a defendant.

            Acts 2023, No. 325, §1, eff. July 1, 2023; Acts 2024, No. 507, §2; Acts 2025, No. 409, §4; Acts 2026, No. 733, §1; Acts 2026, No. 960, §1, eff. Jan. 1, 2027.

            NOTE: See Acts 2023, No. 447 for funding.