Office of the Juvenile Ombudsman — Powers and duties

Ark. Code Ann. § 25-43-1008 — under Cabinet-Level Departments of the Executive Branch.

Ark. Code Ann. § 25-43-1008

(a) The Office of the Juvenile Ombudsman shall:(1) Be subject to the same compliance with all procedures, policies, and laws regarding the confidentiality of juveniles committed to the Division of Youth Services as required by Division of Youth Services employees;(2) (A) Identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of a juvenile as identified in a treatment plan.(B) When a necessary service that is not provided is identified under subdivision (a)(2)(A) of this section, the Juvenile Ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile division of circuit court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem;(3) Upon receipt of a complaint involving alleged child maltreatment, immediately report the alleged incident to the Child Abuse Hotline, the facility director, and the Director of the Division of Youth Services or his or her designee, who shall be responsible for ensuring the juvenile's safety;(4) (A) Prepare one (1) annual report on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services and comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided.(B) The annual report shall be submitted to:(i) The Governor;(ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs;(iii) The Senate Interim Committee on Children and Youth;(iv) The Secretary of the Department of Human Services;(v) The Director of the Division of Youth Services; and(vi) The judges of the juvenile divisions of circuit court.(C) The annual report under subdivision (a)(4)(A) of this section shall not contain information that would identify a juvenile or the family of a juvenile; and(D) Ensure that a juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or an applicable statute.

(1) Be subject to the same compliance with all procedures, policies, and laws regarding the confidentiality of juveniles committed to the Division of Youth Services as required by Division of Youth Services employees;

(2) (A) Identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of a juvenile as identified in a treatment plan.(B) When a necessary service that is not provided is identified under subdivision (a)(2)(A) of this section, the Juvenile Ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile division of circuit court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem;

(A) Identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of a juvenile as identified in a treatment plan.

(B) When a necessary service that is not provided is identified under subdivision (a)(2)(A) of this section, the Juvenile Ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile division of circuit court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem;

(3) Upon receipt of a complaint involving alleged child maltreatment, immediately report the alleged incident to the Child Abuse Hotline, the facility director, and the Director of the Division of Youth Services or his or her designee, who shall be responsible for ensuring the juvenile's safety;

(4) (A) Prepare one (1) annual report on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services and comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided.(B) The annual report shall be submitted to:(i) The Governor;(ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs;(iii) The Senate Interim Committee on Children and Youth;(iv) The Secretary of the Department of Human Services;(v) The Director of the Division of Youth Services; and(vi) The judges of the juvenile divisions of circuit court.(C) The annual report under subdivision (a)(4)(A) of this section shall not contain information that would identify a juvenile or the family of a juvenile; and(D) Ensure that a juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or an applicable statute.

(A) Prepare one (1) annual report on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services and comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided.

(B) The annual report shall be submitted to:(i) The Governor;(ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs;(iii) The Senate Interim Committee on Children and Youth;(iv) The Secretary of the Department of Human Services;(v) The Director of the Division of Youth Services; and(vi) The judges of the juvenile divisions of circuit court.

(i) The Governor;

(ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs;

(iii) The Senate Interim Committee on Children and Youth;

(iv) The Secretary of the Department of Human Services;

(v) The Director of the Division of Youth Services; and

(vi) The judges of the juvenile divisions of circuit court.

(C) The annual report under subdivision (a)(4)(A) of this section shall not contain information that would identify a juvenile or the family of a juvenile; and

(D) Ensure that a juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or an applicable statute.

(b) The Office of the Juvenile Ombudsman may:(1) Access:(A) All tracking systems maintained by the Division of Youth Services, including without limitation the:(i) Incident report tracking system and the disposition of incidents reported in the incident report tracking system;(ii) Parent helpline tracking system; and(iii) Juvenile tracking system;(B) Any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.;(C) A juvenile's records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; and(D) All records on the history and treatment of a juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records;(2) Attend scheduled meetings or reviews of juvenile intake, program progress, or aftercare planning;(3) Accompany the monitor or monitoring team of the Division of Youth Services on any monitoring visit or audit of the Audit and Compliance Section of the Division of Youth Services;(4) Make unannounced visits to the unlicensed or unaccredited facilities of the Division of Youth Services, whether state-run or privately operated, to assure the safety and well-being of a juvenile;(5) Initiate and maintain contact with a juvenile during the juvenile's custodial placement or while on aftercare status;(6) Access a juvenile for meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; and(7) Document a juvenile's questions, complaints, and concerns related to the juvenile's health, safety, education, and treatment and seek answers to those questions and address any complaints and concerns in an expedient manner.

(1) Access:(A) All tracking systems maintained by the Division of Youth Services, including without limitation the:(i) Incident report tracking system and the disposition of incidents reported in the incident report tracking system;(ii) Parent helpline tracking system; and(iii) Juvenile tracking system;(B) Any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.;(C) A juvenile's records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; and(D) All records on the history and treatment of a juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records;

(A) All tracking systems maintained by the Division of Youth Services, including without limitation the:(i) Incident report tracking system and the disposition of incidents reported in the incident report tracking system;(ii) Parent helpline tracking system; and(iii) Juvenile tracking system;

(i) Incident report tracking system and the disposition of incidents reported in the incident report tracking system;

(ii) Parent helpline tracking system; and

(iii) Juvenile tracking system;

(B) Any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(C) A juvenile's records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; and

(D) All records on the history and treatment of a juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records;

(2) Attend scheduled meetings or reviews of juvenile intake, program progress, or aftercare planning;

(3) Accompany the monitor or monitoring team of the Division of Youth Services on any monitoring visit or audit of the Audit and Compliance Section of the Division of Youth Services;

(4) Make unannounced visits to the unlicensed or unaccredited facilities of the Division of Youth Services, whether state-run or privately operated, to assure the safety and well-being of a juvenile;

(5) Initiate and maintain contact with a juvenile during the juvenile's custodial placement or while on aftercare status;

(6) Access a juvenile for meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; and

(7) Document a juvenile's questions, complaints, and concerns related to the juvenile's health, safety, education, and treatment and seek answers to those questions and address any complaints and concerns in an expedient manner.

(c) The Juvenile Ombudsman shall not have authority to:(1) Command or otherwise instruct any Division of Youth Services employee or contracted agent of the Division of Youth Services regarding any aspect of programming or operations; or(2) Alter or countermand any instruction to, or participation by, juveniles that is consistent with the policy and procedure of the Division of Youth Services or otherwise part of the treatment plan, program, or operations associated with the Division of Youth Services.

(1) Command or otherwise instruct any Division of Youth Services employee or contracted agent of the Division of Youth Services regarding any aspect of programming or operations; or

(2) Alter or countermand any instruction to, or participation by, juveniles that is consistent with the policy and procedure of the Division of Youth Services or otherwise part of the treatment plan, program, or operations associated with the Division of Youth Services.