21-V:2 Office of the Child Advocate Established. –
There shall be an office of the child advocate which shall be an independent agency, attached to the department of administrative services pursuant to RSA 21-G:10 for administrative purposes only. The office shall:
I. Notwithstanding any other provision of law, operate with full independence from any state official, department, or agency in the performance of its duties.
II. Provide independent oversight of executive agencies to:
(a) Ensure that children involved with an agency, and in particular, children served by the child welfare or juvenile justice systems, receive timely, safe, and effective services and that their best interests are being protected.
(b) Strengthen the state by working in collaboration with agencies and other necessary parties on cases under review.
(c) Ensure that children placed in the care of the state or receiving services under the supervision of an agency in any public or private facility, receive humane and dignified treatment at all times, with full respect for the child's personal dignity, right to privacy, and right to adequate and appropriate healthcare in accordance with state and federal law.
(d) Examine, on a system-wide basis, the care and services that agencies provide children, and provide recommendations to improve the quality of those services in order to provide each child the opportunity to live a full and productive life.
(e) Advise the public, governor, commissioners, speaker of the house of representatives, senate president, and oversight commission about how the state may improve its services to and for children and their families.
(f) Periodically review and investigate any aspect of an agency's policies, procedures, and practices and work collaboratively with the agency to improve policies, procedures, practices, and programs affecting children.
III. Upon its own initiative or upon receipt of a complaint, review and if deemed necessary:
(a) Investigate the actions of any agency and make appropriate referrals; provided that department of health and human services specific complaints shall be handled by the ombudsman pursuant to RSA 126-A:4, III.
(b) Investigate those complaints in which the child advocate determines that a child or family may be in need of assistance from the office or a systemic issue in the state's provision of services is raised by the complaint.
(c) Provide assistance to a child or family whom the child advocate determines is in need of assistance, including seeking resolution of complaints, which may include, but not be limited to, referring a complaint to the appropriate agency or entity, making a recommendation to such agency or entity for action related to the complaint, and sharing information in any proceeding before any court or agency in the state in which matters related to the division's child protection and juvenile justice services are at issue.
IV. Regularly consult with executive agencies and the oversight commission.
V. Provide information and referral services to the public regarding all child-serving state services, particularly child protection and juvenile justice services.
VI. Perform educational outreach and advocacy initiatives in furtherance of the mission and responsibilities of the office.
VII. Periodically review the facilities and procedures of any and all institutions or residences, public or private, where a child has been placed by an agency.
VIII. Apply for and accept grants, gifts, bequests of funds from other states, federal and interstate agencies, independent authorities and private firms, individuals, and foundations, for the purpose of carrying out the responsibilities, and consistent with the mission, of the office.