Proposed legislation of an ombudsman to monitor DJJ facilities

A Proposal for Independent Oversight of Juvenile Justice Facilities
Presented to the DJJ Blueprint Commission
Tampa, Florida ― October 29, 2007
by Cathy Corry
Founder and President
Justice4Kids.org

I recommend new legislation creating independent oversight of juvenile justice facilities similar to the OMBUDSMAN PROGRAM for long-term care facilities, which is Florida Statute Chapter 400.

The purpose would be to discover, investigate, and determine the existence of abuse or neglect.

Local members of a Juvenile Justice OMBUDSMAN Council could be appointed by county juvenile justice councils, with amendment of FS 985.664.

I will read the first part of Florida Statute, Chapter 400, which provides an overview of the OMBUDSMAN PROGRAM for long-term care facilities. I will substitute ‘juvenile justice’ for ‘long-term care’, so this is how the new legislation could read:

The 2007 Florida Statutes –

~~LONG-TERM CARE~~ JUVENILE JUSTICE FACILITIES: OMBUDSMAN PROGRAM

400.0061 Legislative findings and intent; ~~long-term care~~ juvenile justice facilities.--

(1) The Legislature finds that conditions in ~~long-term care~~ juvenile justice facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by rules of the Department of Juvenile Justice ~~Elderly Affairs or the Agency for Health Care Administration~~ or by the good faith of owners or operators of ~~long-term care~~ juvenile justice facilities. Furthermore, there is a need for a formal mechanism whereby a ~~long-term care~~ juvenile justice facility resident, a representative of a ~~long-term care~~ juvenile justice facility resident, or any other concerned citizen may make a complaint against the facility or its employees, or against other persons who are in a position to restrict, interfere with, or threaten the rights, health, safety, or welfare of ~~a long-term care~~ juvenile justice facility resident. The Legislature finds that concerned citizens are often more effective advocates for the rights of others than governmental agencies.

(2) It is the intent of the Legislature, therefore, to utilize voluntary citizen ombudsman councils under the leadership of the ombudsman, and through them to operate an ombudsman program which shall, without interference by any executive agency, undertake to discover, investigate, and determine the presence of conditions or individuals which constitute a threat to the rights, health, safety, or welfare of the residents of ~~long-term care~~ juvenile justice facilities. To ensure that the effectiveness and efficiency of such investigations are not impeded by advance notice or delay, the Legislature intends that the ombudsman and ombudsman councils and their designated representatives not be required to obtain warrants in order to enter into or conduct investigations or onsite administrative assessments of ~~long-term care~~ juvenile justice facilities.

[If you have comments or question about this proposed legislation, contact Cathy Corry at 727.799.9762 or cathycorry@juno.com.

We are a medium for the exchange of information and opinions. Statements made (both signed and anonymous or by way of links to other sites) have not been investigated to determine fact or truth. Therefore, before forming a conclusion or using information from this website, research by the reader is essential.