Ariana's Law gives the Office of Children's Ombudsman expanded access to computerized information about child welfare cases handled by the Family Independence Agency (FIA) and expands the list of persons who can be considered a complainant and receive confidential Children's Protective Services information to include those persons defined as mandatory reporters under the Child Protection Law.
The FIA and the Ombudsman may now disclose information in child death cases, under certain circumstances, and still comply with state and federal confidentiality regulations.
"The safety of children is always our first priority, and that is why the Family Independence Agency supports Ariana's Law," said FIA Director Marianne Udow. "We rely on the Office of Children's Ombudsman to provide us with an outside, objective opinion of any opportunities we have to improve our Child Protective Services process and this is consistent with that process."
Children's Ombudsman Lynne Martinez praised the law, saying "it provides greater authority and more independence to the Ombudsman as well as access to agency files."
Under the new law which takes effect immediately, the Children's Ombudsman Office has access to the FIA's computer network, records, and reports, including medical and mental health records that are necessary to carry out his or her powers and duties in addition to every departmental review team study in which a child's death could have resulted from abuse or neglect. . The law also expands the Ombudsman's power to independently take legal action on behalf of a mal-treated child and authorizes the Children's Ombudsman Office to request a subpoena for records and reports and petition the court to enforce the subpoena for up to five years.
The law also requires all personnel from the Children's Ombudsman Office and FIA receive training in handling child abuse or neglect complaints that involve a history of domestic violence.
