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SECTION 1
OFCO Role and Structure

THE OFFICE OF THE FAMILY AND CHILDREN OMBUDSMAN (OFCO) was established by the 1996 Legislature as an independent office within the Office of the Governor. The director ombudsman was appointed in December 1996 to a three-year term. The office became operational in June 1997.

Role of Ombudsman
The term "ombudsman" is a Scandinavian word applied to 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. It is the role of an ombudsman to receive and address – in a confidential manner – complaints and inquiries from citizens concerning the administrative acts or omissions of a government agency. Based either on such complaints or inquiries or on the ombudsman’s own initiative, the ombudsman may:

  1. Investigate or otherwise examine the matter; and
  2. Take appropriate action to aid in the resolution of the specific issue or a broader, underlying systemic problem.

An ombudsman is not authorized to make, change, or set aside a law, policy or administrative decision. It is the role of an ombudsman to carry out his or her duties with independence and impartiality.

Role of OFCO
The Office of the Family and Children’s Ombudsman was established in chapter 43.06A RCW to ensure that government agencies respond appropriately both to the needs of children in need of state protection, and families and children who are involved with government agencies because of child abuse and neglect issues. It is OFCO’s mission to:

OFCO fulfills its mission by intervening in specific situations, and by conducting administrative and systemic investigations.

Interventions: OFCO intervenes in specific situations for the purpose of preventing or mitigating harm to a family or child due to an agency’s act or omission. OFCO intervenes by informally contacting agency workers and their supervisors to express concerns, provide information, and explore alternative courses of action. OFCO may also intervene by issuing a formal written recommendation to agency managers. The number and results of OFCO’s interventions are summarized in OFCO’s annual reports to the Governor and the Legislative Children’s Oversight Committee

Administrative Investigations: OFCO investigates the conduct of agency personnel in a particular matter for the purpose of assessing compliance with law, policy or procedure. OFCO conducts administrative investigations only when the case clearly involves agency conduct or systemic issues that are chronic and/or seriously harmful to children and parents. OFCO’s administrative investigations result in written reports that are provided to agency officials, the Governor, and the Legislative Children’s Oversight Committee.1

Systemic Investigations: The purpose of OFCO’s systemic investigations is two-fold: First, to identify and analyze system-wide problems that adversely affect families and children; and second, to recommend steps that agency officials and state policy makers can take to address these problems. OFCO’s systemic investigations result in written reports that are provided to agency officials, the Governor, and the Legislature.

Independence
The organizational structure and operating procedures of OFCO are designed to ensure its independence from the Department of Social and Health Services (DSHS) and other state agencies, as well as the Governor’s Office which has allowed OFCO to operate independently.

OFCO’s director ombudsman reports directly to the Governor. OFCO's operations, activities, and records are conducted and maintained independently from the Governor's Office, DSHS, and other state agencies. (For example, this report and others prepared by OFCO are not subject to outside approval prior to their release.) The director ombudsman is appointed to a three-year term, so that he or she does not serve at the Governor's pleasure as do other members of the Governor's staff. The Governor may remove the director ombudsman only for cause.

Confidentiality
OFCO's investigative records are confidential and exempt from public disclosure requirements. In addition, most investigation-related information, including the identities of complainants and witnesses, is not subject to civil discovery, nor judicial or administrative subpoena. Moreover, such information is not admissible as evidence in a judicial or administrative proceeding. Further, OFCO is required to maintain the confidentiality of all information that is by law confidential or privileged, and may not further disclose or disseminate such information.2

Access to Information
OFCO has been provided with unrestricted access to information in the possession or control of the DSHS Children’s Administration. Specifically, OFCO has been provided with on-line access to CAMIS (the administration’s automated Case and Management Information System) and physical access to confidential case records. In addition, state law authorizes other agencies, including DSHS contracting agencies, the Attorney General's Office, guardians ad litem, law enforcement agencies, and schools, to release confidential records to OFCO.

Staff and Budget
OFCO has six full-time employees and an annual budget of about $460,000 (State General Fund). OFCO's staff consists of the director ombudsman, three investigator ombudsmen, a database administrator, and an information and referral specialist. In addition to its regular FY 1998-99 budget appropriation, OFCO received a one-time supplemental appropriation of $13,500, and a $152,000 allocation from the Governor’s emergency fund, to meet costs associated with OFCO's review of the Wenatchee child sex abuse investigations.

1See Appendix A for a description of the role of the Children’s Legislative Oversight Committee.
2These confidentiality provisions do not affect OFCO’s duty to report abuse or neglect under RCW 26.44.030.