The Mission of the Office of the Family and Children's Ombudsman is...to protect children and parents from harmful agency action or inaction; and to ensure that agency officials and state policy makers are aware of chronic and serious problems in the child protection and child welfare system so they can improve services.

-Adopted 1998

Regional Advisory Committee Members

Western Washington Committee
Peter Berliner
  The Children's Alliance, Seattle

Martha Bird, M.D.
  Child, Adolescent and Adult Psychiatrist, Silverdale

Jane Boyajian
  Children's Commission of Pierce County, Tacoma

Shirley Caldwell
  Therapeutic Health Services, Seattle

Kikora Dorsey
  Washington Council for the Prevention of Child Abuse and Neglect, Seattle

Lori Garvin
  Parents Coping with Child Protective Services, Tacoma

Jack Hill
  Pierce County Department of Assigned Counsel, Tacoma

Dennis Ichikawa
  Casey Family Programs, Seattle

Marie Jamieson
  Washington Families for Kids Partnership, Seattle

Susan Kemp
  University Of Washington School of Social Work, Seattle

Jane Koetje
  Island County Public Defense, Coupeville

Robert Lipke
  Lummi Nation Child Protection Project, Bellingham

John Neff, M.D.
  Children's Hospital and Regional Medical Center, Seattle

Valerie Norris
  YWCA of Clark County Court Appointed Special Advocate, Vancouver

Edith Owen
  Relatives Raising Children Program, Tacoma

Gary Preble
  Private Attorney, Olympia

Virginia Wilkins/Carol Huard
  Clallam County Court Appointed Special Advocate, Port Angeles

Larry Stephenson
  Foster Parents Association of Washington State, Anacortes
Central Washington Committee
Sue Baker
  Chelan/Douglas County Court Appointed Special Advocate, Wenatchee

Dan Fessler
  Yakima County Department of Assigned Counsel, Yakima

Audrey Fetters
  Yakima County Juvenile Court, Yakima

Merja Kehl
  Mental Health Therapist, Wenatchee

Laurie Leaverton
  Yakima County Court Appointed Special Advocate, Yakima

Sherrie Mashburn
  Parents Are Vital in Education, Sunnyside

Pat Nilson
  Catholic Family Services, Richland

Patty Orona
  Foster Parents Association of Washington State, Yakima

Mary Ann Warren
  Catholic Family and Child Service, Wenatchee

Eastern Washington Committee
Greg Casey
  Private Attorney, Spokane

Michelle Cutlip
  Spokane County Court Appointed Special Advocate, Guardian Ad Litem, Spokane

Art Harper
  Foster Parent Liaison, Spokane

Senator John Moyer, M.D.
  Former State Senator, Washington's Third District, Spokane

Miles and Joyce Stookey
  Second Timers Support Group, Spokane

Windy Tevlin
  Whitman County Court Appointed Special Advocate, Colfax

Rosey Thurman
  Team Child, Spokane

Dave Williams
  Casey Family Partners, Spokane

Ombudsman

A public official appointed to serve as an independent voice for citizens who believe they have been treated wrongly or unfairly by a government agency.

The 1996 Washington State Legislature wanted to ensure that abused and neglected children and their parents are served reasonably and fairly by government agencies. The Legislature created the Office of the Family and Children's Ombudsman to intervene when children or their parents are subjected to unauthorized or unreasonable agency decisions. The Legislature also empowered the Ombudsman to recommend changes for improving the system that serves children and families.

The three most important features of an Ombudsman are:
Independence-Impartiality-Confidentiality.

With these three elements in mind, the Legislature made the Office of the Family and Children's Ombudsman a part of the Office of the Governor, separating it from other agencies. It established a three-year term office for the director Ombudsman, who is appointed by the Governor and approved by the Senate.

The Legislature intended for the Ombudsman to approach its duties with objectivity and impartiality. To encourage citizens to come forward with their concerns, the Legislature required the Ombudsman to protect their confidentiality, and exempted Ombudsman records from public disclosure requirements and the civil litigation process.

The Legislature also provided the Ombudsman with access to information and records held by the Department of Social and Health Services (DSHS), and authorized the Ombudsman to receive confidential information from other agencies and service providers.1

1.  Office of the Family and Children's Ombudsman authorizing statute is RCW 43.06A.

Anyone can make an inquiry.
"Where do I go for help?"

An important responsibility of the Ombudsman is responding to inquiries. Citizens often do not know where to go with their questions or concerns about services provided by government agencies. Most inquiries are from families and local service providers requesting information or help with a problem involving the child protection or child welfare system. The Ombudsman responds to these inquiries directly. If an inquiry is outside the scope of the Ombudsman's responsibilities, the caller is referred to an agency that can help.

Anyone can file a complaint.
"A child is at risk and I can't get anyone to respond."

More Ombudsman time is spent investigating complaints than any other task. A complaint to the Ombudsman must involve an act or failure to act by a government agency that affects:

  • a child potentially at risk of abuse, neglect or other harm.
  • a child or parent that has been the subject of allegations or findings of child abuse or neglect, or parental incapacity.
  • The Ombudsman responds to an inquiry.

    The Office of the Family and Children's Ombudsman was contacted by a DSHS caseworker of an 11 year-old dependent child with severe mental health problems. The child had been exhibiting psychotic episodes and had many problems that needed to be assessed by a child psychiatrist. The caseworker explained that he'd been trying to obtain a psychiatric evaluation for the child for the past year, and was extremely frustrated. He had made an initial referral to a mental health agency in the county in which the child was living, who told him a month later that they could not provide the evaluation, and referred him to another mental health agency serving that county. The second agency told the caseworker after another month had gone by, that they, too, could not provide this evaluation, and referred him to the nearest children's hospital. After some time, the hospital informed the caseworker that they did not have any child psychiatrists and could not provide this service either. The caseworker was referred back to the local regional service network (RSN). A full year later, the child still had no psychiatric evaluation, and was still exhibiting serious problems. The caseworker felt he had exhausted all of the avenues available to him to try and meet this child's needs. He had called the Ombudsman to see if there was anywhere else he might go to get services for this child.

    An Ombudsman contacted the director of the RSN to find out why this child had been unable to receive needed services. Although the reasons for the delays were never clarified, the RSN director immediately arranged for an evaluation by a local private child psychiatrist. The Ombudsman is investigating possible systemic problems with obtaining mental health services for children in this and other areas of the State.

    A complaint form is required to begin an Ombudsman investigation. It requests the name, address, and phone number of the person making the complaint. It asksthe relationship of this person to the child. It includes questions about the family; custody or supervision of the child; steps taken to resolve the problem; the subject of the complaint; a statement of the facts; and the action requested. It also asks how the person heard about the Office of the Family and Children's Ombudsman.

    Complaint forms are available in English, Spanish, Russian, Vietnamese, and Braille. They may be obtained by contacting the Ombudsman office in Tukwila by phone, mail, or internet Web site.

    The complaint form is not required in these circumstances:

    Imminent Risk of Harm-Individuals who believe a child or parent is at risk of imminent harm caused an agency's action or failure to act, may ask the Ombudsman for immediate assistance.
    Individuals Requiring Assistance-Anyone who is unable to complete the form, or requires disability accommodation, may contact the Ombudsman for assistance.

    Complaint and investigation records are confidential by law. Information given to the Ombudsman is not public information.

    Names of people filing complaints are not revealed without their permission.

    Complaint and investigation records cannot be subpoenaed for judicial or administrative proceedings, or obtained through civil discovery. Complaint and investigation information is entered into the Ombudsman's confidential data base to study complaint trends and patterns, as well as investigative findings and results. The charts and graphs published in this report were created from information collected in this data base.

    Every complaint is investigated and reviewed by an Ombudsman team that includes two social workers, an attorney and the director Ombudsman. Investigations begin within 15 working days of receiving the complaint.

    The lead Ombudsman assigned to the case contacts the individual to review the complaint. Agency staff and others are interviewed and agency records are examined. The lead Ombudsman writes an investigative report with findings and analysis on the agency's alleged conduct. This confidential report is available only to the Ombudsman team.

    The Ombudsman acts as an impartial fact-finder, not as an advocate.

    The Ombudsman will take action on a complaint if it determines the following three criteria are met:
    1. The alleged action or failure to act did occur,
    2. It violated law, policy, or procedure. Or-it was clearly inappropriate or unreasonable, and
    3. It was harmful to the child's safety, health, well-being, or right to a permanent family. Or-it was harmful to appropriate family preservation, contact or reunification.

    The decision is explained to the person who filed the complaint and a follow-up letter documents the decision. If the Ombudsman determines that action is not warranted, the person is directed to other resources that may be of assistance.

    Action may involve:

    Intervention-work with the agency to change the current course of action to one that is authorized and reasonable.
    Administrative Notification of Findings-document and notify the agency of the Ombudsman's concerns about past agency action or failure to act.
    Systemic Investigation-examine law, policy, or procedures that may require change.

    If action is taken, the person who filed the complaint is updated on progress and the outcome of the case. The investigative report remains confidential and is never released. However, this annual report includes investigation decisions, actions and recommendations from the reporting year.

    The Ombudsman discovers a violation of legal procedure in terminating a parent's rights.

    A child's birth mother contacted the Ombudsman to complain that the Division of Children and Family Services (DCFS) had failed to provide her with notice of proceedings to terminate her parental rights. The mother was living in Alaska, and her now 12-year-old child had been removed from her care in 1989 by Alaskan child welfare authorities when he was 14 months old, due to neglect and the mother's substance abuse. He had later been placed with his father in Seattle. Mother and child had no further contact. The mother had been contacted by Washington State DCFS in 1997, informing her that her son was in foster care. She then received a notice by certified mail of the dependency proceeding. DCFS later contacted the mother by phone and informed her that the department was considering returning the child to his father's care, or alternatively, placing him with a paternal relative. The mother expressed interest in having her son placed with her, and DCFS requested a home study through Alaska DYFS. The mother told the Ombudsman that she completed the home study, but did not hear anything further from DCFS. She subsequently discovered that her parental rights had been terminated.

    The Ombudsman reviewed the DCFS and court files, and found that the DCFS social worker had spoken to the mother several times in 1997, and in January 1998 spoke with the social worker in Alaska who was doing the home study. In September 1998, DCFS filed a petition to terminate the mother's parental rights. The petition stated "the mother's whereabouts have been unknown since she abandoned the child at six months of age." Notice of the termination proceeding was published in an Alaska newspaper. There was no documentation of any attempt to notify the mother of this termination proceeding by phone or by letter. The Ombudsman notified DCFS, which agreed to investigate this matter further.