Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1964
4
5 By: Representative Brooks
6 By: Senator A. Clark
7
8 For An Act To Be Entitled
9 AN ACT TO MOVE THE CHILD WELFARE OMBUDSMAN DIVISION
10 FROM THE ARKANSAS CHILD ABUSE/RAPE/DOMESTIC VIOLENCE
11 COMMISSION AND THE JUVENILE OMBUDSMAN DIVISION OF THE
12 ARKANSAS PUBLIC DEFENDER COMMISSION FROM THE ARKANSAS
13 PUBLIC DEFENDER COMMISSION TO THE DEPARTMENT OF
14 INSPECTOR GENERAL AND RENAME AS THE DIVISION OF
15 OMBUDSMEN; TO CREATE THE OFFICE OF THE CHILD WELFARE
16 OMBUDSMAN AND THE OFFICE OF THE JUVENILE OMBUDSMAN;
17 TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
18
19
20 Subtitle
21 TO MOVE THE CHILD WELFARE OMBUDSMAN
22 DIVISION AND THE JUVENILE OMBUDSMAN
23 DIVISION TO THE DEPARTMENT OF INSPECTOR
24 GENERAL; AND TO DECLARE AN EMERGENCY.
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code � 16-87-216 is repealed.
29 16-87-216. Juvenile Ombudsman Division -- Definitions.
30 (a) For purposes of this section, the following definitions shall
31 apply:
32 (1) "Best interests of the juvenile" includes those actions and
33 courses of action which:
34 (A) Keep the juvenile safe from physical, mental, or
35 sexual abuse while in state custody;
36 (B) Are considerate of the court's recommendations and
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1 adhere to the juvenile's treatment plan; and
2 (C) Work toward rehabilitating the juvenile;
3 (2) "Division" means the Division of Youth Services of the
4 Department of Human Services;
5 (3) "Executive director" means the Executive Director of the
6 Arkansas Public Defender Commission; and
7 (4) "Juvenile" means any juvenile who has been committed to the
8 custody of the Division of Youth Services pursuant to a disposition order of
9 the juvenile division of circuit court.
10 (b)(1) It is the intent of the General Assembly to create a Juvenile
11 Ombudsman Division of the Arkansas Public Defender Commission to provide for
12 independent oversight of the Division of Youth Services' facilities and
13 programs that are unlicensed or unaccredited.
14 (2) There shall be created within the Arkansas Public Defender
15 Commission a juvenile ombudsman and assistant juvenile ombudsmen that shall
16 be appointed by the executive director.
17 (3) The minimum qualifications for an ombudsman shall be as
18 follows:
19 (A) A master's degree in:
20 (i) Social work;
21 (ii) Psychology;
22 (iii) Law; or
23 (iv) A related field;
24 (B) A bachelor's degree in:
25 (i) Social work;
26 (ii) Psychology; or
27 (iii) A related field; or
28 (C) Four (4) years' direct experience in programs serving
29 juvenile offenders and their families.
30 (4) No waiver of the minimum qualifications in subdivision
31 (b)(3) of this section shall be permitted.
32 (c) The powers and duties of the ombudsman shall be as follows:
33 (1) The ombudsman shall be given online access to all tracking
34 systems maintained by the Division of Youth Services, including but not
35 limited to the:
36 (A) Incident report tracking system and the disposition of
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1 incidents reported therein;
2 (B) Parent helpline tracking system; and
3 (C) Juvenile tracking system;
4 (2) The ombudsman may attend scheduled meetings or reviews of
5 juvenile intake, program progress, or aftercare planning;
6 (3) The ombudsman shall be given access to any meeting or
7 document that would be accessible to the general public through the Freedom
8 of Information Act of 1967, � 25-19-101 et seq.;
9 (4) The ombudsman shall be given reasonable prior notice of all
10 major activities of the Audit and Compliance Section of the Division of Youth
11 Services and shall be permitted to accompany the monitor or monitoring team
12 of the Division of Youth Services on any monitoring visit or audit;
13 (5) The ombudsman shall be subject to the same compliance with
14 all procedures, policies, and laws regarding the confidentiality of juveniles
15 committed to the Division of Youth Services as required by Division of Youth
16 Services employees;
17 (6) The ombudsman may initiate and maintain contact with any
18 juvenile during the juvenile's custodial placement or while on aftercare
19 status;
20 (7) The ombudsman shall be given access to the juveniles and to
21 the juveniles' records and meetings of program progress and case planning at
22 all the privately contracted facilities of the Division of Youth Services;
23 (8)(A) To identify instances where necessary services are not
24 being provided with respect to the safety, health, education, and
25 rehabilitation of the juvenile as identified in a treatment plan.
26 (B) When a problem is identified, the ombudsman shall
27 notify the Director of the Division of Youth Services or his or her designee,
28 the juvenile court having jurisdiction, the juvenile's parents or guardian,
29 and the juvenile's attorney or attorneys of the problem;
30 (9) To document a juvenile's questions, complaints, and concerns
31 related to the juvenile's health, safety, education, and treatment and seek
32 answers to those questions and address the complaints and concerns in an
33 expedient manner;
34 (10) To request and review, as needed, all records on the
35 history and treatment of the juvenile while in the custody of the Division of
36 Youth Services or in aftercare, including related agency and court records;
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1 (11) To make unannounced visits to the unlicensed or
2 unaccredited facilities of the Division of Youth Services, whether state-run
3 or privately operated, to assure the safety and well-being of the juveniles;
4 (12) Upon receipt of a complaint involving alleged child
5 maltreatment, the ombudsman shall immediately report the alleged incident to
6 the Child Abuse Hotline, the facility director, and the Director of the
7 Division of Youth Services or his or her designee, who shall be responsible
8 for ensuring the juvenile's safety;
9 (13)(A) To prepare annual reports on the overall
10 functioning of the Division of Youth Services' ability to provide for the
11 safety, health, education, and rehabilitation of juveniles committed to the
12 Division of Youth Services.
13 (B) The report shall be submitted to:
14 (i) The Secretary of the Department of Human
15 Services and the Director of the Division of Youth Services;
16 (ii) The House Committee on Aging, Children and
17 Youth, Legislative and Military Affairs;
18 (iii) The Senate Interim Committee on Children and
19 Youth;
20 (iv) The judges of the juvenile divisions of circuit
21 court; and
22 (v) The Governor;
23 (14) To prepare annual reports comparing the court's
24 recommendations, the treatment plans of the Division of Youth Services, and
25 the actual services provided; and
26 (15) The audit and compliance process of the Division of Youth
27 Services to verify that each juvenile has unhampered access to a grievance
28 process that addresses the juvenile's questions, complaints, and concerns in
29 a timely manner in accordance with policy and procedure of the Division of
30 Youth Services or applicable statute.
31 (d) The ombudsman shall have no authority to command or otherwise
32 instruct any Division of Youth Services employee or contracted agent of the
33 Division of Youth Services regarding any aspect of programming or operations,
34 nor may the ombudsman alter or countermand any instruction to, or
35 participation by, juveniles that is consistent with the policy and procedure
36 of the Division of Youth Services or otherwise part of the treatment plan,
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1 program, or operations associated with the agency.
2
3 SECTION 2. Arkansas Code � 20-82-211 is repealed.
4 20-82-211. Child Welfare Ombudsman Division -- Creation -- Powers and
5 duties.
6 (a)(1) There is created within the Arkansas Child Abuse/Rape/Domestic
7 Violence Commission the Child Welfare Ombudsman Division.
8 (2) The Executive Director of the Arkansas Child
9 Abuse/Rape/Domestic Violence Commission shall:
10 (A) Hire a Child Welfare Ombudsman; and
11 (B) Supervise the Child Welfare Ombudsman.
12 (3) The Child Welfare Ombudsman shall not be supervised by the
13 members of the Arkansas Child Abuse/Rape/Domestic Violence Commission.
14 (4) The minimum qualifications for the Child Welfare Ombudsman
15 shall include:
16 (A) A master's degree in:
17 (i) Social work;
18 (ii) Psychology; or
19 (iii) A related field; or
20 (B) Comparable experience in one (1) or more programs that
21 serve juveniles and families who are involved in dependency-neglect
22 proceedings.
23 (5) The Child Welfare Ombudsman shall have the following powers
24 and duties:
25 (A) The duty to work independently of the:
26 (i) Department of Human Services;
27 (ii) Administrative Office of the Courts;
28 (iii) Commission for Parent Counsel;
29 (iv) Attorney Ad Litem Program;
30 (v) Arkansas Public Defender Commission; and
31 (vi) Arkansas Court Appointed Special Advocates
32 program;
33 (B) The duty to communicate with a:
34 (i) Juvenile after the approval of, and subject to
35 the conditions set by, the:
36 (a) Dependency-neglect attorney ad litem
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1 appointed to the juvenile; or
2 (b) Attorney for the juvenile if the juvenile
3 has an attorney other than a dependency-neglect attorney ad litem; and
4 (ii) Parent of a juvenile after the approval of, and
5 subject to the conditions set by, the attorney for the parent if the parent
6 has an attorney;
7 (C) The authority to access a record as allowed by law;
8 (D) The duty to review and recommend necessary changes to
9 procedures under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq., the
10 Child Maltreatment Act, � 12-18-101 et seq., and other laws relevant to the
11 operation of the child welfare system that are applicable to the:
12 (i) Department of Human Services;
13 (ii) Division of Arkansas State Police;
14 (iii) Administrative Office of the Courts;
15 (iv) Attorney Ad Litem Program;
16 (v) Commission for Parent Counsel;
17 (vi) Arkansas Public Defender Commission; and
18 (vii) Arkansas Court Appointed Special Advocates
19 program;
20 (E) The duty to review an issue or concern related to a
21 court case or investigation of a juvenile if it appears that the juvenile,
22 parent of the juvenile, foster parent of the juvenile, relative of the
23 juvenile, or fictive kin of the juvenile may need assistance from the child
24 welfare ombudsman;
25 (F) The duty to provide training and technical assistance
26 if a request is received from:
27 (i) A member of the child welfare system;
28 (ii) The General Assembly; or
29 (iii) The office of the Governor;
30 (G) The duty to make the public aware of the Child Welfare
31 Ombudsman Division and the contact information for the Child Welfare
32 Ombudsman Division; and
33 (H)(i) The duty to prepare an annual report concerning
34 the work of the Child Welfare Ombudsman Division, the operation of the child
35 welfare system, and any recommendations related to the operation of the child
36 welfare system.
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1 (ii) The Child Welfare Ombudsman Division shall
2 submit the annual report to the:
3 (a) Governor;
4 (b) Secretary of the Department of Human
5 Services;
6 (c) Director of the Division of Arkansas State
7 Police;
8 (d) Director of the Division of Children and
9 Family Services;
10 (e) Director of the Administrative Office of
11 the Courts;
12 (f) Commission for Parent Counsel;
13 (g) House Committee on Aging, Children and
14 Youth, Legislative and Military Affairs; and
15 (h) Senate Interim Committee on Children and
16 Youth.
17 (iii) The annual report shall not contain
18 information that would identify a juvenile or the family of a juvenile.
19 (b) As used in this section, "juvenile" means a juvenile as defined in
20 � 9-27-303 who is:
21 (1) A respondent in a dependency-neglect proceeding held under
22 the Arkansas Juvenile Code of 1989, � 9-27-301 et seq.; or
23 (2) The subject of a child maltreatment investigation under the
24 Child Maltreatment Act, � 12-18-101 et seq.
25 (c) A record maintained by the Child Welfare Ombudsman Division that
26 pertains to a court case or investigation of a juvenile who is the subject of
27 work performed by the Child Welfare Ombudsman Division is confidential and
28 shall not be disclosed except as permitted under � 9-28-407.
29
30 SECTION 3. Arkansas Code Title 25, Chapter 43, Subchapter 10, is
31 amended to add additional sections to read as follows:
32 25-43-1006. Division of Ombudsmen -- Office of the Child Welfare
33 Ombudsman -- Office of the Juvenile Ombudsman -- Creation.
34 (a) There is created within the Department of Inspector General the
35 Division of Ombudsmen.
36 (b) There is created within the division the:
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1 (1) Office of the Child Welfare Ombudsman; and
2 (2) Office of the Juvenile Ombudsman.
3 (c)(1) There is created within the Office of the Child Welfare
4 Ombudsman the position of the Child Welfare Ombudsman.
5 (2) There is created within the Office of the Juvenile Ombudsman
6 the position of the Juvenile Ombudsman.
7 (d)(1) The Child Welfare Ombudsman and Juvenile Ombudsman shall report
8 to the Secretary of the Department of Inspector General.
9 (2) The Secretary of the Department of Inspector General shall
10 supervise the Child Welfare Ombudsman and the Juvenile Ombudsman.
11
12 25-43-1007. Office of the Child Welfare Ombudsman -- Powers and duties.
13 (a) The Office of the Child Welfare Ombudsman shall:
14 (1) Work independently of the:
15 (A) Department of Human Services;
16 (B) Division of Arkansas State Police;
17 (C) Administrative Office of the Courts;
18 (D) Attorney Ad Litem Program;
19 (E) Commission for Parent Counsel;
20 (F) Arkansas Public Defender Commission; and
21 (G) Arkansas Court Appointed Special Advocates program;
22 (2) Review and recommend necessary changes to procedures under
23 the Arkansas Juvenile Code of 1989, � 9-27-301 et seq., the Child
24 Maltreatment Act, � 12-18-101 et seq., and other laws relevant to the
25 operation of the child welfare system that are applicable to the:
26 (A) Department of Human Services;
27 (B) Division of Arkansas State Police;
28 (C) Administrative Office of the Courts;
29 (D) Attorney Ad Litem Program;
30 (E) Commission for Parent Counsel;
31 (F) Arkansas Public Defender Commission; and
32 (G) Arkansas Court Appointed Special Advocates program;
33 (3) Review an issue or concern related to a court case or
34 investigation related to a juvenile if it appears that the juvenile, parent
35 of the juvenile, foster parent of the juvenile, relative of the juvenile, or
36 fictive kin of the juvenile may need assistance from the Child Welfare
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1 Ombudsman;
2 (4) Inform the public of the Office of the Child Welfare
3 Ombudsman and the contact information for the Office of the Child Welfare
4 Ombudsman; and
5 (5)(A) Prepare one (1) annual report per year concerning the
6 work of the Office of the Child Welfare Ombudsman, the operation of the child
7 welfare system, and any recommendations related to the operation of the child
8 welfare system.
9 (B) The Office of the Child Welfare Ombudsman shall submit
10 the annual report under subdivision (a)(5)(A) of this section to the:
11 (i) Governor;
12 (ii) House Committee on Aging, Children and Youth,
13 Legislative and Military Affairs;
14 (iii) Senate Interim Committee on Children and
15 Youth;
16 (iv) Secretary of the Department of Human Services;
17 (v) Director of the Division of Children and Family
18 Services;
19 (vi) Director of the Division of Arkansas State
20 Police;
21 (vii) Director of the Administrative Office of the
22 Courts;
23 (viii) Attorney Ad Litem Program;
24 (ix) Commission for Parent Counsel;
25 (x) Arkansas Public Defender Commission; and
26 (xi) Arkansas Court Appointed Special Advocates
27 program.
28 (C) The annual report under subdivision (a)(5)(A) of this
29 section shall not contain information that would identify a juvenile or the
30 family of a juvenile.
31 (b) The Office of the Child Welfare Ombudsman may:
32 (1) Communicate with a:
33 (A) Juvenile after the approval of, and subject to the
34 conditions set by, the:
35 (i) Dependency-neglect attorney ad litem appointed
36 to represent the juvenile; or
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1 (ii) Attorney for the juvenile if the juvenile has
2 an attorney other than a dependency-neglect attorney ad litem; and
3 (B) Parent of a juvenile after the approval of, and
4 subject to the conditions set by, the parent's attorney if the parent has an
5 attorney; and
6 (2) Access juvenile cases within the court system database of
7 the Administrative Office of the Courts to directly view all court-related
8 documents related to matters under review by the Child Welfare Ombudsman.
9
10 25-43-1008. Office of the Juvenile Ombudsman -- Powers and duties.
11 (a) The Office of the Juvenile Ombudsman shall:
12 (1) Be subject to the same compliance with all procedures,
13 policies, and laws regarding the confidentiality of juveniles committed to
14 the Division of Youth Services as required by Division of Youth Services
15 employees;
16 (2)(A) Identify instances where necessary services are not being
17 provided with respect to the safety, health, education, and rehabilitation of
18 the juvenile as identified in a treatment plan.
19 (B) When a necessary service that is not provided is
20 identified under subdivision (a)(2)(A) of this section, the Juvenile
21 Ombudsman shall notify the Director of the Division of Youth Services or his
22 or her designee, the juvenile court having jurisdiction, the juvenile's
23 parents or guardian, and the juvenile's attorney or attorneys of the problem;
24 (3) Upon receipt of a complaint involving alleged child
25 maltreatment, immediately report the alleged incident to the Child Abuse
26 Hotline, the facility director, and the Director of the Division of Youth
27 Services or his or her designee, who shall be responsible for ensuring the
28 juvenile's safety;
29 (4)(A) Prepare one (1) annual report on the overall functioning
30 of the Division of Youth Services' ability to provide for the safety, health,
31 education, and rehabilitation of juveniles committed to the Division of Youth
32 Services and comparing the court's recommendations, the treatment plans of
33 the Division of Youth Services, and the actual services provided.
34 (B) The report shall be submitted to:
35 (i) The Governor;
36 (ii) The House Committee on Aging, Children and
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1 Youth, Legislative and Military Affairs;
2 (iii) The Senate Interim Committee on Children and
3 Youth;
4 (iv) The Secretary of the Department of Human
5 Services;
6 (v) The Director of the Division of Youth Services;
7 and
8 (vi) The judges of the juvenile divisions of circuit
9 court.
10 (5) The annual report under subdivision (a)(4)(A) of this
11 section shall not contain information that would identify a juvenile or the
12 family of a juvenile; and
13 (6) Ensure that the juvenile has unhampered access to a
14 grievance process that addresses the juvenile's questions, complaints, and
15 concerns in a timely manner in accordance with policy and procedure of the
16 Division of Youth Services or an applicable statute.
17 (b) The Office of the Juvenile Ombudsman may:
18 (1) Access:
19 (A) All tracking systems maintained by the Division of
20 Youth Services, including without limitation the:
21 (i) Incident report tracking system and the
22 disposition of incidents reported in the incident report tracking system;
23 (ii) Parent helpline tracking system; and
24 (iii) Juvenile tracking system;
25 (B) Any meeting or document that would be accessible to
26 the general public through the Freedom of Information Act of 1967, � 25-19-
27 101 et seq.;
28 (C) The juvenile's records and meetings of program
29 progress and case planning at all the privately contracted facilities of the
30 Division of Youth Services; and
31 (D) All records on the history and treatment of the
32 juvenile while in the custody of the Division of Youth Services or in
33 aftercare, including related agency and court records;
34 (2) Attend scheduled meetings or reviews of juvenile intake,
35 program progress, or aftercare planning;
36 (3) Accompany the monitor or monitoring team of the Division of
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1 Youth Services on any monitoring visit or audit of the Audit and Compliance
2 Section of the Division of Youth Services;
3 (4) Make unannounced visits to the unlicensed or unaccredited
4 facilities of the Division of Youth Services, whether state-run or privately
5 operated, to assure the safety and well-being of the juvenile;
6 (5) Initiate and maintain contact with a juvenile during the
7 juvenile's custodial placement or while on aftercare status;
8 (6) Access a juvenile for meetings of program progress and case
9 planning at all the privately contracted facilities of the Division of Youth
10 Services; and
11 (7) Document a juvenile's questions, complaints, and concerns
12 related to the juvenile's health, safety, education, and treatment and seek
13 answers to those questions and address any complaints and concerns in an
14 expedient manner.
15 (c) The Juvenile Ombudsman shall not have authority to:
16 (1) Command or otherwise instruct any Division of Youth Services
17 employee or contracted agent of the Division of Youth Services regarding any
18 aspect of programming or operations; or
19 (2) Alter or countermand any instruction to, or participation
20 by, juveniles that is consistent with the policy and procedure of the
21 Division of Youth Services or otherwise part of the treatment plan, program,
22 or operations associated with the agency.
23
24 SECTION 4. DO NOT CODIFY. Temporary language.
25 (a)(1) The Child Welfare Ombudsman Division previously located within
26 the Arkansas Child Abuse/Rape/Domestic Violence Commission and its authority,
27 duties, functions, records, contracts, personnel, property, and unexpected
28 balances of appropriations, funding, allocations, and other funds, including
29 without limitation the functions of budgeting or purchasing, are transferred
30 to the Department of Inspector General.
31 (2) The Child Welfare Ombudsman Division's statutory powers,
32 duties, and functions, including without limitation the functions of
33 budgeting or purchasing, records, contracts, personnel, property, and
34 unexpended balances of appropriations, funding, allocations, and other funds
35 are transferred to the Department of Inspector General.
36 (b)(1) The Juvenile Ombudsman Division previously located within the
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1 Arkansas Public Defender Commission and its authority, duties, functions,
2 records, contracts, personnel, property, and unexpected balances of
3 appropriations, funding, allocations, and other funds, including without
4 limitation the functions of budgeting or purchasing, are transferred to the
5 Department of Inspector General.
6 (2) The Juvenile Ombudsman Division's statutory powers, duties,
7 and functions, including without limitation the functions of budgeting or
8 purchasing, records, contracts, personnel, property, and unexpended balances
9 of appropriations, funding, allocations, and other funds are transferred to
10 the Department of Inspector General.
11
12 SECTION 5. EMERGENCY CLAUSE. It is found and determined by the
13 General Assembly of the State of Arkansas that the Child Welfare Ombudsman
14 and Juvenile Ombudsman preserve the public peace, health, and safety by
15 protecting the rights of juveniles and the integrity of the child welfare and
16 juvenile justice systems of Arkansas; that this act provides for the transfer
17 of the Child Welfare Ombudsman Division and the Juvenile Ombudsman Division
18 to the Department of Inspector General; and that this act should become
19 effective on July 1, 2025, to coincide with the appropriation bills of the
20 Department of Inspector General and to ensure that the Child Welfare
21 Ombudsman and the Juvenile Ombudsman continue to provide their respective
22 vital services as the transfer is implemented and to not experience any
23 issues with funding under the transfer. Therefore, an emergency is declared
24 to exist, and this act being necessary for the preservation of the public
25 peace, health, and safety shall become effective on July 1, 2025.
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