(1)
(a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors:
- (I) In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;
- (II) In response to a request from a child's or youth's family member, caregiver, or other concerned individual; or
- (III) To distribute materials pursuant to subsection (2)(a) of this section.
- (b) A state-licensed residential child care facility or facility shall not deny the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.
- (c) Dependent upon available resources and at the discretion of the ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.
- (d) Upon a child's or youth's request, the state-licensed residential child care facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman.
- (e) The ombudsman, an employee of the office, or a person acting on behalf of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility.
(2)
- (a) The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain information on how to access the office, the office's services, and how to file a complaint with the office.
- (b) Each state-licensed residential child care facility and facility shall display the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility.
- (c) The office shall supply the materials described in subsection (2)(a) of this section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.
- (d) The office shall coordinate with each state-licensed residential child care facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office.
(3) The office and each state-licensed residential child care facility or facility shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:
- (a) The office provides each state-licensed residential child care facility or facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request;
- (b) The state-licensed residential child care facility or facility provides the ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet;
- (c) The office provides the state-licensed residential child care facility or facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials pursuant to subsection (2)(a) of this section;
- (d) The state-licensed residential child care facility or facility provides the office with proof that the materials described in subsection (2)(a) of this section are displayed in a location visible to children or youth as required pursuant to this section; and
- (e) Certain processes occur to provide a child or youth a confidential, virtual meeting to meet with the ombudsman, an employee of the office, or a person acting on behalf of the office.
- (4) This section does not grant the office authority to conduct activities described in part 9 of article 6 of title 26.
Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1394, § 5, effective August 6.