Session of 1999
         
HOUSE BILL No. 2466
         
By Representatives Crow, Barnes, Findley, Flaharty, Garner, Gilbert,
                 McClure, Pauls, Phelps, Reardon, Ruff, Sharp, Thimesch, Toelkes,
                Welshimer
               
2-10
          
11             AN  ACT concerning children; establishing a children's ombudsman;
12             powers and duties thereof.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. This act shall be known and cited as the state children's
16       ombudsman act.
17             Sec.  2. As used in this act:
18             (a) "Administrative act" means an action, omission, decision, rec-
19       ommendation, practice or other procedure of the department of social
20       and rehabilitation services, an adoption or a child placing agency with a
21       particular child related to an adoption, fostercare or protective services.
22             (b) "Child" means a person who is less than 19 years of age.
23             (c) "Child placement agency" means a business or service conducted,
24       maintained or operated by a person engaged in finding homes for children
25       by placing or arranging for the placement of such children for adoption
26       or foster care.
27             (d) "Child care resource and referral agency" means a business or
28       service conducted, maintained or operated by a person engaged in pro-
29       viding resource and referral services, including information of specific
30       services provided by child care facilities, to assist parents to find child
31       care.
32             (e)  (1) "Child care facility" means:
33             (A) A facility maintained by a person who has control or custody of
34       one or more children under 16 years of age, unattended by a parent or
35       guardian, for the purpose of providing the children with food or lodging,
36       or both, except children related to the person by blood, marriage or legal
37       adoption;
38             (B) a children's home, orphanage, maternity home, day care facility
39       or other facility of a type determined by the secretary to require regula-
40       tion under the provisions of this act;
41             (C) a child placement agency or child care resource and referral
42       agency, or a facility maintained by such an agency for the purpose of
43       caring for children under 16 years of age; or

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  1             (D) any receiving or detention home for children under 16 years of
  2       age provided or maintained by, or receiving aid from, any city or county
  3       or the state.
  4             (2) "Child care facility" shall not include a family day care home de-
  5       fined in K.S.A. 65-517 and amendments thereto.
  6             (f) "Person" means any individual, association, partnership, corpora-
  7       tion, government, governmental subdivision or other entity.
  8             (g) "Complainant" means a person who makes a complaint as in sec-
  9       tion 13 and amendments thereto.
10             (h) "Department" means the department of administration.
11             (i) "Ombudsman" means the state children's ombudsman, any re-
12       gional ombudsman or any individual designated as an ombudsman under
13       section 3 and amendments thereto who has received the training required
14       under subsection (f) of section 7 and amendments thereto and who has
15       been designated by the state children's ombudsman to carry out the pow-
16       ers, duties and functions of the office of the state children's ombudsman.
17             (j) "Volunteer ombudsman" means an individual who has satisfacto-
18       rily completed the training prescribed by the state children's ombudsman
19       under section 7 and amendments thereto, who is a volunteer assisting in
20       providing ombudsman services and who receives no payment for such
21       service other than reimbursement for expenses incurred in accordance
22       with guidelines adopted therefor by the state children's ombudsman.
23             (k) "State children's ombudsman" means the individual appointed by
24       the governor to administer the office of the state children's ombudsman.
25             (l) "Regional children's ombudsman" means an individual appointed
26       by the state children's ombudsman under subsection (g) of section 7 and
27       amendments thereto.
28             (m) "Office" means the office of the state children's ombudsman.
29             (n) "Conflict of interest" means (1) having a pecuniary or other in-
30       terest in a child placement agency, child care resource and referral agency
31       or child care facility, (2) being actively employed or otherwise having
32       active involvement in representation of or advocacy for any child place-
33       ment agency, child care resource and referral agency or child care facility,
34       whether or not such representation or advocacy is individual or through
35       an association or other entity.
36             Sec.  3. (a) There is hereby established the office of the state chil-
37       dren's ombudsman, the head of which shall be the state children's om-
38       budsman. In performance of the powers, duties and functions prescribed
39       by law, the office shall be an independent state agency. The state chil-
40       dren's ombudsman shall be appointed by the governor, subject to confir-
41       mation by the senate as provided in K.S.A. 75-4315b and amendments
42       thereto, and shall serve at the pleasure of the governor. The state chil-
43       dren's ombudsman shall have a term of office of four years and shall serve

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  1       until a successor is appointed and confirmed.
  2             (b) The children's ombudsman shall appoint each regional children's
  3       ombudsman and all officers and employees of the office of the state chil-
  4       dren's ombudsman. Each regional children's ombudsman and all such
  5       officers and employees shall be within the classified service under the
  6       Kansas civil service act.
  7             (c) In accordance with the provisions of this act, the state children's
  8       ombudsman shall administer the office of the state children's
  9       ombudsman.
10             (d) No person shall be eligible to be appointed to, or to hold, the
11       office of state children's ombudsman if such person is subject to a conflict
12       of interest. No person shall be eligible for appointment as the state chil-
13       dren's ombudsman unless such person has:
14             (1) A baccalaureate or higher degree from an accredited college or
15       university;
16             (2) demonstrated abilities to analyze problems of law, administration
17       and public policy; and
18             (3) experience in investigation and conflict resolution procedures.
19             (e)  (1) On the effective date of this act, all of the powers, duties,
20       functions, records and property of the office of the secretary of social and
21       rehabilitation services, which are prescribed for the office of the state
22       children's ombudsman by this act, are hereby transferred to and con-
23       ferred and imposed upon the office of the state children's ombudsman,
24       including the power to expend funds now or hereafter made available in
25       accordance with appropriation acts, are hereby transferred to and con-
26       ferred and imposed upon the office of the state children's ombudsman
27       that are established by this section, except as is otherwise specifically
28       provided by this act.
29             (2) The office of the state children's ombudsman established by this
30       section shall be the successor in every way to the powers, duties and
31       functions of the office of the secretary of social and rehabilitation services
32       in which such powers, duties and functions were vested prior to the ef-
33       fective date of this act, except as otherwise specifically provided by this
34       act. Every act performed under the authority of the office of the state
35       children's ombudsman established by this act shall be deemed to have
36       the same force and effect as if performed by the office of the secretary
37       of social and rehabilitation services in which such powers, duties and
38       functions were vested prior to the effective date of this act.
39             (3) Subject to the provisions of this act, whenever the office of the
40       secretary of social and rehabilitation services or words of like effect, is
41       referred to or designated by a statute, contract or other document, and
42       such reference or designation relates to a power, duty or function which
43       is transferred to and conferred and imposed upon the office of the state

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  1       children's ombudsman that is established by this act, such reference or
  2       designation shall be deemed to apply to the office of the state children's
  3       ombudsman established by this act.
  4             (4) All policies, orders or directives of the office of the secretary of
  5       social and rehabilitation services transferred to and conferred and im-
  6       posed upon the state children's ombudsman which are in existence on
  7       the effective date of this act shall continue to be effective and shall be
  8       deemed to be the policies, orders or directives of the state children's
  9       ombudsman established by this act, until revised, amended or revoked or
10       nullified pursuant to law. The office of the state children's ombudsman
11       established by this act shall be deemed to be a continuation of the sec-
12       retary of social and rehabilitation services concerning children which are
13       transferred, conferred and imposed upon the state children's
14       ombudsman.
15             (5)  (A) The state children's ombudsman and the secretary of admin-
16       istration shall provide that all officers and employees of the secretary of
17       social and rehabilitation services, who are engaged in the exercise and
18       performance of the powers, duties and functions of the programs of the
19       office of the state children's ombudsman that are transferred by this act,
20       are transferred to the office of the state children's ombudsman estab-
21       lished by this section.
22             (B) Officers and employees of the department of social and rehabil-
23       itation services transferred under this act shall retain all retirement ben-
24       efits and leave rights which had accrued or vested prior to each date of
25       transfer. The service of each officer or employee so transferred shall be
26       deemed to be continuous. All transfers, layoffs and abolition of classified
27       service positions under the Kansas civil service act which may result from
28       program transfers under this act shall be made in accordance with the
29       civil service laws and any rules and regulations adopted thereunder. Noth-
30       ing in this act shall affect the classified status of any person transferred
31       to the office of the state children's ombudsman prior to the date of
32       transfer.
33             (C) If the state children's ombudsman and the secretary of social and
34       rehabilitation services cannot agree as to how any transfer of an officer
35       or employee is to take place under this section, the state children's om-
36       budsman and the secretary of administration shall be responsible for ad-
37       ministering any layoff that is part of the transfer in accordance with this
38       act.
39             (D) Notwithstanding the effective date of this act, the provisions of
40       this act prescribing the transfer of officers and employees between the
41       office of the state children's ombudsman established by this section and
42       the department of social and rehabilitation services, the date of transfer
43       of each such officer or employee shall commence at the start of a payroll

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  1       period.
  2             Sec.  4. (a) The office of the state children's ombudsman is hereby
  3       attached to the department of administration. The office of the state chil-
  4       dren's ombudsman shall be in Topeka, Kansas. The secretary of admin-
  5       istration shall provide such technical assistance and advice as the secretary
  6       deems reasonable and necessary to assist the state children's ombudsman
  7       office to function as an independent state agency monitoring and ensuring
  8       compliance with relevant statutes, rules and regulations and policies per-
  9       taining to children's protective services and the placement, supervision
10       and treatment of children in foster care, adoptive homes and child care
11       facilities. The secretary of administration and the department of admin-
12       istration shall have no authority over the state children's ombudsman, any
13       regional children's ombudsman, any other ombudsman, including any vol-
14       unteer ombudsman, or any other officer, employee or volunteer of the
15       office of the state children's ombudsman with respect to the performance
16       of any power, duty or function of the office or the exercise of any other
17       authority of the office or the state children's ombudsman.
18             (b) For the fiscal year ending June 30, 2000, and for each fiscal year
19       thereafter, the secretary of administration shall include the budget esti-
20       mate of the office of the state children's ombudsman, as prepared and
21       approved by the state children's ombudsman, along with the budget es-
22       timate prepared and submitted to the division of the budget for the de-
23       partment of administration under K.S.A. 75-3717 and amendments
24       thereto. The budget estimate of the office of the state children's om-
25       budsman for each such fiscal year shall be prepared at the direction and
26       under the supervision of the state children's ombudsman. Expenditures
27       from appropriations to the department of administration for the office of
28       the state children's ombudsman, made pursuant to budget estimates for
29       the office, shall be made on vouchers approved by the state children's
30       ombudsman or the state children's ombudsman's designee. All vouchers
31       for expenditures and all payrolls of the office of the state children's om-
32       budsman shall be approved by the state children's ombudsman or the
33       state children's ombudsman's designee.
34             Sec.  5. (a) The secretary of social and rehabilitation services and the
35       state children's ombudsman shall enter into agreements for the provision
36       of financial assistance to the office by the department of social and re-
37       habilitation services from available state and federal funds of the depart-
38       ment. This financial assistance shall be to assist the office of the state
39       children's ombudsman to provide ombudsman services in accordance
40       with the children's ombudsman act, applicable federal programs and the
41       provisions of this section.
42             (b) Subject to the provisions of appropriation acts, the secretary of
43       social and rehabilitation services shall continue to provide financial assis-

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  1       tance for the office of the state children's ombudsman in an aggregate
  2       amount of not less than the aggregate of the amounts provided during
  3       the fiscal year ending June 30, 1999, appropriately adjusted for increases
  4       attributable to inflation and other applicable factors.
  5             (c) For the fiscal year ending June 30, 2000, and for each fiscal year
  6       thereafter, the secretary of social and rehabilitation services shall include
  7       in the budget estimate prepared and submitted to the division of the
  8       budget for the department of social and rehabilitation services under
  9       K.S.A. 75-3717 and amendments thereto, in addition to other amounts
10       included in such budget estimate for the department of social and reha-
11       bilitation services, amounts to be provided to the office of the state chil-
12       dren's ombudsman during such fiscal year pursuant to this section. In no
13       case shall the aggregate of the amounts included in any such budget
14       estimate of the department of social and rehabilitation services, that are
15       to be provided to the office of the state children's ombudsman, be less
16       than the aggregate of all moneys provided during the fiscal year ending
17       June 30, 1999, by the department of social and rehabilitation services
18       under any other federal programs for the aging. The aggregate amounts
19       included in each such budget estimate of the department of social and
20       rehabilitation services, that are to be provided to the office of the state
21       children's ombudsman, shall be adjusted appropriately for increases at-
22       tributable to inflation and other applicable factors.
23             Sec.  6. (a) The state children's ombudsman shall ensure that:
24             (1) No individual involved in the authorization of any individual to
25       represent the office as an ombudsman or a volunteer ombudsman is sub-
26       ject to a conflict of interest;
27             (2) no officer, employee or other representative of the office is sub-
28       ject to a conflict of interest;
29             (3) policies and procedures are in place to identify and remedy all
30       conflicts of interest specified under paragraphs (1) and (2);
31             (4) legal counsel is available to the office for advice and consultation
32       and that legal representation is provided to any ombudsman against whom
33       suit or other legal action is brought in connection with the performance
34       of the ombudsman's official duties; and
35             (5) the office has the ability to pursue administrative, legal and other
36       appropriate remedies on behalf of a child or such child's parent whose
37       child is in the custody of the state and subject to the processes of a child
38       placement facility, child care facility, child care resource and referral
39       agency or other programs, office or process involving children whose wel-
40       fare has been placed under the state's jurisdiction.
41             (b) The state children's ombudsman may enter into contracts with
42       service providers to provide investigative, legal, public education, training
43       or other services as may be required to assist the state children's om-

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  1       budsman in providing ombudsman services to children whose welfare has
  2       been assumed by the state or as otherwise required to carry out the pow-
  3       ers, duties and functions of the office. Contracts entered into under this
  4       subsection shall not be subject to the competitive bidding requirements
  5       of K.S.A. 75-3739 and amendments thereto. No contract may be entered
  6       into by the state children's ombudsman to privatize the office or to oth-
  7       erwise provide that all or substantially all of the ombudsman services or
  8       functions of the office are to be performed by one or more service
  9       providers.
10             (c) For the purposes of carrying out the powers and duties of the
11       office of the state children's ombudsman, the state children's ombudsman
12       may request and accept a grant or donation from any person, firm, as-
13       sociation or corporation or from any federal, state or local governmental
14       agency and may enter into contracts or other transactions with any such
15       person or entity in connection with the grant or donation.
16             Sec.  7. The state children's ombudsman shall be an advocate of chil-
17       dren whose welfare is taken over by the state and who may be placed in
18       a state child care facility. The state children's ombudsman shall:
19             (a) Establish procedures for receiving and processing complaints
20       from complainants, conducting investigations, holding hearings and re-
21       porting findings resulting from investigations;
22             (b) investigate and resolve complaints made by or on behalf of a child
23       relating to action, inaction or decisions of child care facilities or the rep-
24       resentatives of such facilities;
25             (c) develop continuing programs to inform children, their family
26       members or other persons of the rights and responsibilities of the child,
27       family members or other persons regarding such children;
28             (d) provide the legislature and the governor with an annual report
29       containing data, findings and outcomes regarding the types of problems
30       experienced and complaints received by or on behalf of children and
31       containing policy, regulatory and legislative recommendations to solve
32       such problems, resolve such complaints and improve the quality of care
33       and life of a child when placed under the state's care and shall present
34       such report and other appropriate information and recommendations to
35       the senate committee on public health and welfare, the senate committee
36       on ways and means, the house of representatives committee on health
37       and human services and the house of representatives committee on ap-
38       propriations during each regular session of the legislature;
39             (e) analyze and monitor the development and implementation of fed-
40       eral, state and local government laws, rules and regulations, resolutions,
41       ordinances and policies with respect to children in the care of the state
42       and services provided in this state, and recommend any changes in such
43       laws, rules and regulations, resolutions, ordinances and policies deemed

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  1       by the office to be appropriate;
  2             (f) provide information and recommendations directly to news media
  3       representatives, public agencies, legislators and others, as deemed nec-
  4       essary by the office, regarding the problems and concerns of children in
  5       the state's care, including recommendations related thereto, except that
  6       the state children's ombudsman shall give the information or recommen-
  7       dations to any directly affected parties or their representatives before
  8       providing such information or recommendations to news media
  9       representatives;
10             (g) prescribe and provide for the training of each regional children's
11       ombudsman and any individual designated as an ombudsman under sub-
12       section (h) of this section, and any individual who is an ombudsman vol-
13       unteer in (1) federal, state and local laws, rules and regulations, resolu-
14       tions, ordinances and policies with respect to facilities located in Kansas,
15       (2) investigative techniques, and (3) such other matters as the state chil-
16       dren's ombudsman deems appropriate;
17             (h) authorize an individual, who is an employee of the office and who
18       has satisfactorily completed the training prescribed by the state children's
19       ombudsman under subsection (g), to be an ombudsman or a volunteer
20       ombudsman and to be a representative of the office and such an author-
21       ized individual shall be deemed to be a representative of the office for
22       the purposes of and subject to the provisions of the children's ombudsman
23       act;
24             (i) establish and maintain a system to recruit and train individuals to
25       become volunteer ombudsmen;
26             (j) develop and implement procedures for authorizing and for with-
27       drawing the authorization of individuals to be ombudsmen or volunteer
28       ombudsmen to represent the office in providing ombudsmen services;
29             (k) provide services to children in the care of the state throughout
30       the state directly or through service providers to meet needs for om-
31       budsmen services;
32             (l) collaborate with the department of health and environment and
33       the department of social and rehabilitation services to establish a state-
34       wide system to collect and analyze information on complaints and con-
35       ditions in state child care facilities; and
36             (m) perform such other duties and functions as may be provided
37             Sec.  8. Upon receipt of a complaint or on its own initiative, the om-
38       budsman may:
39             (a) Investigate an administrative act that is alleged to be contrary to
40       law, rules and regulations, policy of a child care facility or child placing
41       agency, imposed without an adequate statement of reason or based on
42       irrelevant, immaterial or erroneous grounds;
43             (b) decide, in its discretion, whether to investigate a complaint;

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  1             (c) conduct a preliminary investigation to determine whether an
  2       adoption attorney may have committed an act that is alleged to be con-
  3       trary to law, rules or regulations or Kansas' model rules of professional
  4       conduct; and
  5             (d) hold informal hearings and request that persons appear before
  6       the ombudsman and give testimony or produce documentary or other
  7       evidence the ombudsman considers relevant to the matter under
  8       investigation.
  9             Sec.  9. (a) Upon rendering a decision to investigate a complaint the
10       ombudsman shall notify the complainant of the decision to investigate
11       and shall notify the state child care facility, child placement agency, child
12       care resource and referral agency, other pertinent state entity or adoption
13       attorney referred to in the complaint and the decision to investigate the
14       matter. If the ombudsman declines to investigate a complaint or continue
15       an investigation, the ombudsman shall notify the complainant and the
16       other person involved in the decision and the reasons for the decision.
17             (b) If the preliminary investigation leads the ombudsman to believe
18       the matter may involve misconduct by an adoption attorney, the om-
19       budsman shall immediately refer the complaint to the state disciplinary
20       administrator.
21             (c) The ombudsman may advise a complainant to pursue all admin-
22       istrative remedies or channels of complaint open to the complainant be-
23       fore pursuing a complaint with the ombudsman. Subsequent to the ad-
24       ministrative processing of a complaint, the ombudsman may conduct
25       further investigations of any complaint upon the request of the complain-
26       ant or on the ombudsman's own initiative.
27             (d) If the ombudsman finds in the course of an investigation that a
28       person's action is in violation of state or federal criminal law, the om-
29       budsman shall report that fact to the county prosecutor or the attorney
30       general. If the complaint is against a child placing agency or state child
31       care facility, the ombudsman shall refer the matter to the department of
32       social and rehabilitation services for further action with respect to
33       licensing.
34             (e) The ombudsman may file a petition on behalf of a child requesting
35       the court to take jurisdiction and terminate parental rights under K.S.A.
36       38-1581 to 38-1591, and amendments thereto. If the ombudsman is sat-
37       isfied that the complainant has contacted the department of social and
38       rehabilitation services, the prosecuting attorney, the child's attorney and
39       the child's guardian ad litem, if any, and the ombudsman finds that none
40       of these persons intend to file a petition for termination of parental rights.
41             Sec.  10. (a) The department of social and rehabilitation services and
42       a child placing agency or child care facility shall:
43             (1) Upon the ombudsman's request, grant the ombudsman or om-

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  1       budsman's designee access to all relevant information, records, including
  2       the child's medical records, and documents in the possession of such
  3       entities that the ombudsman considers necessary in an investigation;
  4             (2) assist the ombudsman upon request with progress reports con-
  5       cerning the administrative processing of a complaint; and
  6             (3) provide the ombudsman upon request with progress reports con-
  7       cerning the administrative processing of a complaint.
  8             (b) The department of social and rehabilitation services, an adoption
  9       attorney, child placing agency or child care facility shall provide infor-
10       mation to a biological parent, prospective adoptive parent or foster parent
11       regarding the provisions of this act.
12             Sec.  11. (a) The ombudsman shall prepare a report of the findings
13       of an investigation and make recommendations to the department of so-
14       cial and rehabilitation services, child placing agency or child care facility
15       if the ombudsman finds one or more of the following:
16             (1) A matter should be further considered by the department, child
17       placing facility or child care facility;
18             (2) an administrative act should be modified or canceled;
19             (3) reasons should be given for an administrative act; or
20             (4) other actions should be taken by the department, child placing
21       agency or child care facility.
22             (b) Before announcing a finding or recommendation that expressly
23       or by implication criticizes a person as defined in section (2) and amend-
24       ments thereto, the ombudsman shall consult with that person. When pub-
25       lishing an opinion adverse to the department, child placing agency or child
26       care facility the ombudsman shall include in the opinion any statement
27       made to the ombudsman by the department, child placing agency, child
28       care facility or other state entity in defense or mitigation of the action.
29       The ombudsman may request to be notified by the department, child
30       placing agency, child care facility or other state entity, within a specified
31       time, of any action taken on any recommendation presented.
32             (c) The ombudsman shall notify the complainant of the actions taken
33       by the ombudsman and the department, child placing agency, child care
34       facility or other state entity.
35             (d) The ombudsman shall provide the complainant with a copy of the
36       ombudsman's recommendations on a complaint.
37             (e) The ombudsman shall submit to the governor, secretary of social
38       and rehabilitation services and the legislature an annual report on the
39       conduct of the ombudsman, including any recommendations regarding
40       the need for legislation or for a change in rules and regulations or policies.
41             Sec.  12. (a) No person shall willfully interfere with any lawful action
42       or activity of an ombudsman or a volunteer ombudsman, including the
43       request for immediate entry into a facility.

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  1             (b) No person shall take any discriminatory, disciplinary or retaliatory
  2       action against any officer or employee of a facility or against any child or
  3       any guardian or family member thereof for any communication by any
  4       such individual with an ombudsman or a volunteer ombudsman or for
  5       any information given or disclosed by such individual in good faith to aid
  6       the office in carrying out its duties and responsibilities.
  7             (c) Any person that violates the provisions of subsection (a) or (b)
  8       shall be guilty of a class C misdemeanor.
  9             Sec.  13. The following persons may make a complaint to the om-
10       budsman concerning a child alleging that an administrative act is contrary
11       to law, rules and regulations, policy, imposed without an adequate state-
12       ment of reason or based on irrelevant, immaterial or erroneous grounds:
13             (a) The child if such child is able to articulate a complaint;
14             (b) a biological parent of the child;
15             (c) a foster parent of the child;
16             (d) an adoptive parent or a prospective adoptive parent of the child;
17             (e) a legally appointed guardian of the child;
18             (f) a guardian ad litem of the child;
19             (g) an adult who is related to the child to the fifth degree by marriage,
20       blood or adoption;
21             (h) a Kansas legislator;
22             (i) an attorney for any person described in subsection (a) through (g);
23       or
24             (j) the ombudsman upon the ombudsman's own initiative.
25             Sec.  14.  No individual shall investigate any complaint filed with the
26       office of the state children's ombudsman unless the individual has re-
27       ceived the training required and designated by the state children's om-
28       budsman as an ombudsman or a voluntary ombudsman qualified to in-
29       vestigate such complaints.
30             Sec.  15. A volunteer ombudsman shall have access to the plan of care
31       and other records or documents kept for or concerning the resident to
32       the same extent and under the same circumstances as an ombudsman
33       under this section, except that a volunteer ombudsman shall not have
34       access to any such other records and documents that are privileged med-
35       ical records.
36             Sec.  16. (a) An ombudsman or a volunteer ombudsman is hereby
37       authorized to enter any facility and any area within such facility at any
38       time with or without prior notice and shall have access to the child of a
39       facility at all times.
40             (b) An ombudsman or a volunteer ombudsman shall notify immedi-
41       ately the person in charge of a facility upon arrival and shall present
42       appropriate identification.
43             (c) A child shall have the right to request, deny or terminate visits

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  1       with an ombudsman or a volunteer ombudsman.
  2             Sec.  17. All information, records and reports received by or devel-
  3       oped by an ombudsman or a volunteer ombudsman which relate to a
  4       child in a child placing entity, child care facility or other state entity,
  5       including written material identifying a child or other complainant, are
  6       confidential and not subject to the provisions of K.S.A. 45-216 to 45-220,
  7       inclusive, and amendments thereto, and shall not be disclosed or released
  8       by an ombudsman or a volunteer ombudsman, either by name of the
  9       child or other complainant or of facts which allow the identity of the child
10       or other complainant to be inferred, except upon the order of a court or
11       unless the child's legal representative or other complainant consents in
12       writing to such disclosure or release by an ombudsman or a volunteer
13       ombudsman, except the state children's ombudsman shall forward to the
14       secretary of health and environment and the secretary of social and re-
15       habilitation services copies of reports received by the state children's om-
16       budsman relating to the health and safety of a child. A summary report
17       and findings shall be forwarded to the appropriate person, exclusive of
18       information or material that identifies a child or any other individuals.
19             Sec.  18. An ombudsman shall have access to all records and docu-
20       ments kept by the department of health and environment, the department
21       of social and rehabilitation services and a child placing agency or child
22       care facility and concern the following matters: (a) Licensure of facilities
23       and agencies dealing with children in state care; (b) certification of such
24       facilities and agencies dealing with children in state care; (c) public fund-
25       ing reimbursement for care of children of such facilities and agencies
26       dealing with children; (d) utilization and medical review records; and (e)
27       complaints regarding care of children of such facilities and agencies deal-
28       ing with children. The provisions of this section shall not apply to a vol-
29       unteer ombudsman.
30             Sec.  19. The authority granted the ombudsman under this act is in
31       addition to the authority granted under the provisions of any rule and
32       regulation or other act or rule and regulation under which the remedy or
33       right of appeal or objection is provided for a person, or any procedure
34       provided for the inquiry into or investigation of any matter. The authority
35       granted the ombudsman does not limit or affect the remedy or right of
36       appeal or objection and is not an exclusive remedy or procedure.
37        Sec.   20. This act shall take effect and be in force from and after its
38       publication in the statute book.