(1) Complaints may be submitted to the ombudsman:
(a) With respect to a particular service recipient, alleging an agency’s or department’s behavior or action was:
- (i) Contrary to law, rule, or policy;
- (ii) Imposed without an adequate statement of reason; or
- (iii) Based on irrelevant, immaterial, or erroneous grounds;
(b) By any of the following:
- (i) A service recipient, including a child under eighteen (18) years of age if the child is able to articulate a complaint;
- (ii) A biological parent of a service recipient;
- (iii) A foster parent of a service recipient;
- (iv) An adoptive parent or a prospective adoptive parent of a service recipient;
- (v) A legally appointed guardian of the service recipient;
- (vi) A guardian ad litem for a service recipient;
- (vii) A relative of a service recipient or any person with a legitimate interest;
- (viii) A member of the Idaho senate or Idaho house of representatives; and
- (ix) An attorney for any individual described in this paragraph.
- (2) Upon receipt of a complaint, the ombudsman is authorized to conduct a review or examination of said complaint if, within the ombudsman’s sole discretion, the ombudsman deems the complaint meritorious and within the powers and duties of the office of the ombudsman.
- (3) When there is reasonable cause to believe maltreatment has resulted in death or serious physical injury jeopardizing the life, health, or safety of a service recipient, the ombudsman shall report such information as expeditiously as possible to the appropriate law enforcement agency.
(4) When a complaint is made by an individual pursuant to subsection (1) of this section, if known, the complaint shall contain:
- (a) The name and address of the service recipient and the alleged perpetrator;
- (b) The nature and extent of the maltreatment; and
- (c) Any other known information that will be of assistance in the examination of the complaint.
[56-1903, added 2024, ch. 188, sec. 2, p. 682.]