1. (1)

   1. (a)

      1. (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive.
      2. (II) The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I).

   2. (b)

      1. (I) The office must have access to all information, records, or documents that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.
      2. (II) The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I).

   3. (c)

      1. (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report.
      2. (II) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations.

2. (2)

   1. (a) The state department shall ensure the office has unrestricted access to TRAILS, as defined in section 26-5-118.
   2. (b) For educational purposes, the state department shall ensure office employees are permitted to attend the child welfare training academy established in section 26-5-109.
3. (3) The office shall request, review, and receive copies of records as described in subsection (1) of this section without cost if electronic records are not available.
4. (4) Nothing in this section grants subpoena power to the ombudsman, employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a).

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, § 4, effective August 6.

Editor's note: Several provisions of this section are similar to former § 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the comparative tables located in the back of the index.