Topic:
EXECUTIVE AGENCIES; OMBUDSMAN; STATE OFFICERS AND EMPLOYEES;
Location:
OMBUDSMAN; STATE AGENCIES;

OLR Research Report


November 5, 2007

 

2007-R-0626

OMBUDSMEN AND ADVOCATES

By: Kristin Sullivan, Associate Analyst

Christine Ashburn, Principal Budget Analyst

You asked for a list of state agencies with “ombudsmen” or “advocate” positions. For each position, you want to know (1) its authority (2) how it was created, and (3) how it is funded.

SUMMARY

Table 1 lists ombudsman and advocate positions that are statutorily established, as well as those that are not. There are 19 different types of positions in 16 state agencies. A summary of the ombudsmen's and advocates' authority, including their duties, follows the tables. It lists each agency alphabetically and the relevant positions within it.

With three exceptions, the table provides the title, citation, enacting legislation, and funding source for each position. It does not include a citation or the enacting legislation for the ombudsman in the Department of Children and Families (DCF), the human services advocates in the Board of Education and Services for the Blind (BESB), or the clients rights officers in the Department of Mental Health and Addiction Services (DMHAS) because these positions are not created in the statutes. Agency heads generally have the statutory authority to employ staff as needed within the parameters of the State Personnel Act and their department's available appropriations. Thus, in the case of the DCF ombudsman, the commissioner first established the position at Long Lane School as part of the formal grievance process for residents. The BESB advocates and DMHAS clients rights officers were established through the state personnel process. Similarly, DMHAS is now in the process of establishing an ombudsman position.

Two agencies, the Office of Protection and Advocacy (OPA) for Persons with Disabilities and the Office of the Child Advocate, have “human service advocate” positions that are not included in the table. They work within the scope of the authority of the listed agency head.

To determine which state agencies have ombudsmen or advocate positions, we searched the Connecticut General Statutes, agencies' personnel status reports, and personnel reports on CORE-CT and the Department of Administrative Services' (DAS) job title listing.

Table 1: Ombudsman and Advocate Positions

Agency

Title

CGS §

Public Act

Funding Source

Business Advocate, Office of the

business advocate

§ 32-725

PA 06-83

General Fund (GF)

Child Advocate, Office of the

child advocateN/A means not applicable

1

§ 46a-13k to 13q

PA 95-242

GF

Children and Families, Department of

family advocates

§§ 17a-22d and 17a-127

PA 01-2, June Special Session

Private contract funded by DCF

 

ombudsman

N/A

N/A

GF

Consumer Counsel, Office of

consumer counsel2

§ 16-2a

PA 74-216

Consumer Counsel and Public Utility Control Fund

Correction, Department of

ombudsman

§ 18-81r

PA 01-9, June Special Session

Private contract funded by the Department of Administrative Services

Developmental Services, Department of3

ombudsman

§ 17a-210a

PA 99-271

GF

Education and Services for the Blind, Board of

human services advocates

N/A

N/A

§ Business Enterprise Program account (1 position)

§ federal funds (1 position)

Environmental Protection, Department of

business ombudsman

§ 22a-2c and 22a-188a

PA 91-376

GF

Healthcare Advocate, Office of the

healthcare advocate

§ 38a-1041

PA 99-284

Insurance Fund

Mental Health and Addiction Services, Department of

clients rights officers4

N/A

N/A

GF

Property Rights Ombudsman, Office of the

ombudsman for property rights

§ 48-50 to 57

PA 06-187

GF

Protection and Advocacy for Persons with Disabilities, Office of

director5

§ 46a-10 and 11

PA 77-589

GF

Revenue Services, Department of

taxpayer's rights advocate

§ 12-39n

PA 94-4, May Special Session

GF (2 positions)

Social Services, Department of

state ombudsman

§§ 17b-338 and 17b-400 to 417

PA 77-575

GF

 

regional long-term care ombudsmen

§ 17b-400 to 417

PA 77-575

GF (11 positions)

 

residents' advocates

§ 17b-401

PA 77-575

N/A (volunteer positions)

Victim Advocate, Office of the

victim advocate

§ 46a-13b to 13g

PA 98-231

GF

Victim Services, Office of

(Judicial Department)

victim advocates

§§ 54-220 to 221

PA 85-609

§ GF (23 positions)

§ federal funds (4 positions)

OFFICE OF THE BUSINESS ADVOCATE

Business Advocate

The Office of the Business Advocate serves as an information clearinghouse for various public and private programs that are available to assist businesses. Generally, the business advocate is responsible for:

1. handling complaints from businesses and facilitating potential resolutions to regulatory difficulties with state agencies;

2. reviewing the regulatory impact of state agency regulations on businesses; and

3. initiating legislative proposals and offering policy recommendations that create a pro-business environment.

OFFICE OF THE CHILD ADVOCATE

Child Advocate

The mission of the Office of the Child Advocate is to oversee the protection and care of children and to advocate for their wellbeing. The General Statutes require the child advocate to “take all possible action” to ensure the legal, civil, and special rights of children residing in Connecticut. Toward the end, the child advocate has the authority to:

1. initiate or intervene in court cases on behalf of children;

2. obtain access to any records necessary to properly carry out the duties of the office, including records from state and municipal agencies, police departments, medical providers, private social service providers, schools, and the courts;

3. subpoena witnesses, records, and documents needed to carry out an investigation or review; and

4. communicate privately with a child in need of services.

In addition, the child advocate's duties include:

1. evaluating service delivery to children by state agencies and entities that provide services through state funds;

2. reviewing and recommending changes to treatment systems and state policies and procedures concerning children, including changes to juvenile justice, child care, and foster care;

3. reviewing and investigating complaints concerning state or municipal agency actions or any entity providing services to children through state funds; and

4. providing training and technical assistance to attorneys representing children and court-appointed guardians.

DEPARTMENT OF CHILDREN AND FAMILIES

Family Advocates

Family advocates work with individual families and provide direct support, education, and advocacy. Specifically, they:

1. participate in activities that support the inclusion of family members in the planning, decision-making, and implementation of services to children and youth with serious emotional disturbances;

2. provide technical assistance to local community initiatives; and

3. assist in the development of parent support groups.

Ombudsman

The Office of the Ombudsman serves clients, foster and adoptive parents, providers, and citizens to resolve disputes with DCF. The ombudsman:

1. receives and investigates inquiries and complaints relating to DCF services;

2. arranges case conferences when necessary;

3. mediates and acts as a liaison between all involved parties; and

4. responds to certain issues on the commissioner's behalf.

OFFICE OF CONSUMER COUNSEL

Consumer Counsel

The Office of Consumer Counsel advocates for and represents customers of Connecticut's five regulated utilities: electric, gas, water, telephone, and to some extent, cable television. The office participates in proceedings before the Connecticut Department of Public Utility Control (DPUC), the Federal Energy Regulatory Commission, the Federal Communications Commission, and state and federal courts. It also protects the needs of ratepayers with Congress and the General Assembly.

The consumer counsel:

1. may appear in federal or state administrative or judicial proceedings involving the interests of Connecticut consumers with respect to public utility matters;

2. is an automatic party to any contested case before DPUC; and

3. advocates for utility-related legislation in the best interests of Connecticut consumers.

DEPARTMENT OF CORRECTION

Ombudsman

State law requires DAS to contract for the provision of ombudsman services for the Department of Correction (DOC). “Ombudsman services” include:

1. receiving and investigating complaints from inmates in DOC's custody, including those housed in other states, and recommending resolutions to the commissioner and

2. recommending departmental policy revisions.

DEPARTMENT OF DEVELOPMENTAL SERVICES

Ombudsman

The statutes establish the ombudsman as an independent office within the Department of Developmental Services. The office:

1. receives and makes recommendations to the commissioner for resolving complaints affecting consumers under the care or supervision of the department, or of any public or private agency the department contracts with for the provision of services and

2. reports monthly to Council on Mental Retardation.

BOARD OF EDUCATION AND SERVICES FOR THE BLIND

Human Services Advocate

The mission of the Board of Education and Services is to provide comprehensive low vision services, specialized education services, life skills training, case management, and vocational services to legally blind individuals and visually-impaired children. The human services advocates work independently with clients providing advocacy services. For example, they:

1. provide quality assurance through site visits and monitoring vendor reporting to ensure compliance with the terms and conditions of client programs;

2. investigate and evaluate complaints and allegations of abuse or misrepresentation of authorized client services;

3. determine available courses of action and develop advocacy strategies with individuals, families, and groups; and

4. assists in researching and interpreting laws pertaining to client rights.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Business Ombudsman

The Office of the Business Ombudsman provides information to businesses on environmental programs and requirements. For example, the office:

1. assists applicants in understanding the environmental permitting process and coordinates application processing for new and expanding businesses;

2. informs businesses of their regulatory obligations; and

3. provides guidance, training, and recognition for using environmental management systems to promote improved environmental performance.

In addition, the business ombudsman serves as a member of the small business air pollution compliance advisory panel.

OFFICE OF THE HEALTHCARE ADVOCATE

Healthcare Advocate

The Office of the Healthcare Advocate serves health insurance consumers through education, interagency coordination, and legislative advocacy, among other things. Generally, the healthcare advocate:

1. assists consumers with managed care selection by providing information, referrals, and assistance;

2. helps consumers file complaints and appeals, including with managed care plans;

3. compiles a list of all public complaints against managed care organizations and preferred provider networks and uses it to make legislative and regulatory recommendations; and

4. refers to the insurance commissioner any preferred provider network the office finds may have violated the statutes.

The healthcare advocate has the authority to:

1. review the health insurance records of a consumer who has provided written consent; and

2. pursue administrative remedies on behalf of, and with the consent of, any health insurance consumer.

The healthcare advocate is required to report annually to the Public Health and Insurance committees on the effort to promote ongoing communication among mental health care providers, patients, statewide and regional business organizations, and managed care companies and other health insurers.

DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Clients Rights Officers

The Office of Client Rights and Grievances is located within DMHAS and serves to protect the rights of people applying for or receiving services from a state-operated or state-funded mental health and addictions services provider. Clients rights officers help clients in inpatient and outpatient units across the state exercise their rights.

Generally they:

1. investigate and formal grievances made by mental health consumers;

2. provide direct advocacy to individuals and families; and

3. develop and implement advocacy strategies through informal and formal actions, including meeting with legal and agency representatives to ensure proper service provision.

OFFICE OF THE PROPERTY RIGHTS OMBUDSMAN

Ombudsman for Property Rights

The Office of the Property Rights Ombudsman generally assists private property owners and public agencies in understanding and applying the law in matters concerning eminent domain and relocation assistance. Among other things, the ombudsman:

1. mediates disputes between private property owners and public agencies concerning the use of eminent domain or related relocation assistance;

2. provides information to private citizens, civic groups, and other interested parties concerning eminent domain law and their rights with respect to the law; and

3. recommends changes to related state laws.

OFFICE OF PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES

Director

The mission of the Office of Protection and Advocacy for Persons with Disabilities is to safeguard and advance the civil and human rights of people with disabilities in Connecticut and provide information, referral, and advocacy services. The director is authorized to, among other things:

1. receive and investigate complaints from individuals with disabilities, or their parents or guardians;

2. initiate or fund legal actions to protect the rights of any person with a disability;

3. represent or bring an action on behalf of any person with a disability, with his or her consent, in any judicial or administrative proceeding involving his or her related civil or human rights; and

4. provide public education and training on disability issues and inform policy makers about issues affecting people with disabilities.

DEPARTMENT OF REVENUE SERVICES

Taxpayer's Rights Advocate

The taxpayer's rights advocate is responsible for facilitating the resolution of taxpayer complaints and problems not resolved through normal administrative channels within the department, including any taxpayer complaints regarding unsatisfactory treatment by department employees.

DEPARTMENT OF SOCIAL SERVICES

State Ombudsman

As head of the Long-Term Care Ombudsman Program, the state ombudsman provide services to protect the health, safety, welfare, and rights of individuals age 60 or older who reside or are patients in a long-term care facility (“residents”). He or she offers information to consumers and providers, monitors state and federal laws and regulations, and make recommendations for improvement. For example, the state ombudsman:

1. receives and investigates complaints and assists residents in resolving problems;

2. represents residents' interests before governmental agencies and seeks administrative, legal, and other remedies;

3. identifies and seeks to remedy gaps in facility, government, or community services;

4. establishes and operates ombudsman programs in Connecticut pursuant to the federal Older Americans Act of 1965 (P. L. 89-73 §§ 711 to 713);

5. trains regional ombudsmen and residents' advocates; and

6. coordinates ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses.

Regional Long-Term Care Ombudsmen

Like the state ombudsman, regional long-term care ombudsmen provide services to protect the health, safety, welfare, and rights of residents. For example, they:

1. ensure that residents have timely access to program representatives when making requests for assistance;

2. investigate and resolve complaints made by or on behalf of residents or applicants;

3. represent the interests of residents and applicants before government agencies;

4. advocate for improvements in state and federal laws and regulations; and

5. support the development of resident and family councils.

Residents' Advocates

Residents' advocates work in nursing homes under the supervision of a regional ombudsman to advocate for residents and generally help monitor and protect their rights. Among other things, they:

1. receive and handle residents' complaints made within the facility and refer unresolved complaints to the regional ombudsman;

2. educate residents and their families about the facility's rules, regulations, and procedures; and

3. help develop resident and family councils.

OFFICE OF THE VICTIM ADVOCATE

Victim advocate

The Office of the Victim Advocate evaluates and monitors how crime victims are treated by the criminal justice system in Connecticut. It also conducts public education programs, undertakes legislative advocacy, and make proposals for systemic reform.

For example, the General Statutes authorize the victim advocate to:

1. evaluate service delivery to victims, including the delivery of services to families of victims by the Office of the Chief Medical Examiner;

2. receive and investigate complaints concerning the actions of any state or other entity providing victim services;

3. enter into cooperative agreements with private and public agencies that monitor and enforce victims' constitutional rights;

4. file a limited special appearance in any court proceeding to advocate for any right guaranteed to a crime victim by the Connecticut Constitution or provided by the General Statutes;

5. monitor the provision of protective services to witnesses by the chief state's attorney; and

6. communicate privately with any individual who has received or should have received state services.

OFFICE OF VICTIM SERVICES, JUDICIAL DEPARTMENT

Victim Advocates

Victim advocates help victims of violent crime by notifying them of their rights and providing information and assistance throughout the criminal justice process. Victim advocates:

1. provide the initial screening of each personal injury case;

2. assist victims in the preparation of victim impact statements;

3. provide referrals to public and private social service agencies;

4. coordinate victim compensation applications to the Office of Victim Services; and

5. help victims submit requests for restitution and reclaim property.

KS: dw

1 Office also employs an associate child advocate and five assistant child advocates

2 While not named “advocate,” functions as such

3 Formerly the Department of Mental Retardation

4 While not named “advocate,” functions as such

5 While not named “advocate,” functions as such