(1) As used in this section:
(a) "Ombudsman" means the congregate care ombudsman created under this section.
(b) "Report" means a communication received by the ombudsman and containing information that the ombudsman determines warrants further investigation.
(2) There is created within the department the title and position of congregate care ombudsman.
(3)
(a) The core roles and functions of the ombudsman include:
(i) serving as a resource and advocate for children admitted to congregate care programs; and
(ii) receiving and investigating reports pertaining to a congregate care program or staff.
(b) The ombudsman shall meet the following minimum qualifications:
(i) have an understanding of congregate care services and supports;
(ii) have an understanding of consumer-oriented public policy advocacy; and
(iii) have an understanding of public policy and customer advocacy, including at minimum:
(A) a bachelors degree in social work, public policy, or other related field;
(B) three years of experience in a field related to social work or public policy; or
(C) a combination of experience and degree that the department deems sufficient.
(4) The ombudsman shall have the following authority and duties:
(a) to receive and consider communications pertaining to:
(i) a congregate care program; and
(ii) any individual who has accessed a congregate care program;
(b) to investigate, at the ombudsman's discretion, a report for which the department or other state agency lacks investigative authority;
(c) to interview:
(i) any child admitted to a congregate care program;
(ii) the parent or guardian of a child admitted to a congregate care program;
(iii) any individual staff of a congregate care program;
(iv) a sending or receiving agency or program, whether public or private; or
(v) any individual who has entered a program within the last year;
(d) to enter or inspect any physical area of a program's facilities;
(e) to access, copy, or inspect a program's records, including communications; and
(f) to observe a program's operations, programming, or facilities.
(5) The ombudsman shall refer all reports or information received by the ombudsman to the:
(a) department; and
(b) any other state or local agency authorized to investigate the report or information.
(6) The ombudsman shall:
(a) keep generally accepted business hours; and
(b) maintain a messaging system to receive calls and collect messages during non-operating hours.
(7) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement and enforce this section.