Humboldt County Grand Jury
• 2023-2024
Humboldt County Child Welfare Services Office of the Ombudsperson Released June 28, 2024
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 15 findings
F1
The Humboldt County Civil Grand Jury finds that:
Humboldt County Child Welfare Services does not in any substantial way provide a standardized form for complainants to file a complaint with the Office of the Ombudsperson. This lack of a standardized form creates a barrier to some people attempting to lodge a complaint. (R1, R3)
Related Recommendations (2)
R1
Humboldt County Child Welfare Services create a comprehensive complaint form for those wishing to file a complaint with the Office of the Ombudsperson that is readily available on their website, at all DHHS offices, and through the mail. This form is to be completed and available by no later than March 31, 2025. (F1)
R3
Humboldt County Child Welfare Services provide physical copies of the documents detailed in recommendations one and two to every member of the public involved in Child Welfare Services proceedings of any type. This procedure is to be implemented by no later than April 1, 2025. (F1, F2)
F2
The Humboldt County Civil Grand Jury finds that:
Humboldt County Child Welfare Services does not in any substantial way provide printed information to clients informing them that an Office of the Ombudsperson exists and what the function of the office is. This lack of printed material leads to some people being unaware of options for filing a complaint. (R2, R3)
Related Recommendations (2)
R2
Humboldt County Child Welfare Services create a brochure detailing the procedures for making a complaint to the Office of the Ombudsperson that is readily available on their website, at all DHHS offices, and through the mail. This document is to be completed and available by no later than March 31, 2025. (F2)
R3
Humboldt County Child Welfare Services provide physical copies of the documents detailed in recommendations one and two to every member of the public involved in Child Welfare Services proceedings of any type. This procedure is to be implemented by no later than April 1, 2025. (F1, F2)
F3
The Humboldt County Civil Grand Jury finds that:
The position of the Humboldt County Child Welfare Services Ombudsperson is currently filled by a person with little background in child welfare or social work, who must rely on more experienced workers for their knowledge. By not having expertise in child welfare or social work, Ombudsperson investigations can be inefficient and overly reliant on the expertise of others. (R3)
No recommendations for this finding
F4
The Humboldt County Civil Grand Jury finds that:
In violation of its Policies and Procedures, the Humboldt County Child Welfare Services Office of the Ombudsperson regularly fails to notify complainants of the findings and resolutions of their complaint. This can result in the complainant losing trust in a system that is designed to address their grievances. (R4)
Related Recommendations (1)
R4
Humboldt County Child Welfare Services follow all elements of the Child Welfare Services Policies and Procedures section 10-75. This action is to be implemented by no later than November 1, 2024. (F4)
F5
The Humboldt County Civil Grand Jury finds that:
Humboldt County Child Welfare Services collects statistical information about the performance of the Office of the Ombudsperson but does not actively share this information with the public. This prevents the public from evaluating the performance of an office meant to serve them. (R5)
Related Recommendations (1)
R5
Humboldt County Child Welfare Services make available to the public the Humboldt County Office of the Ombudsperson performance data that they acquire. This action is to be completed by no later than March 31, 2025. (F5)
F6
The Humboldt County Civil Grand Jury finds that:
Humboldt County Child Welfare Services fails to provide information on the outcomes of complaints, leaving the public with no information on what policies, procedures, and civil rights have been violated and what, if anything, has been done to address these violations. This failure prevents the public from evaluating the performance of an office meant to serve them. (R6)
Related Recommendations (1)
R6
Humboldt County Child Welfare Services expand the range of performance data acquired for the Office of the Ombudsperson to include what policies, procedures, and civil rights have been violated and what, if anything, has been done to address these violations. This is to be completed no later than March 31, 2025. (F6)
F7
The Humboldt County Civil Grand Jury finds that:
Child Welfare Services regularly and systematically violates the terms of the 2018 Judgment of the Superior Court of the State of California related to the Office of the Ombudsperson. This results in services that Child Welfare Services agreed to provide being withheld from the public. (R7, R8, R9)
Related Recommendations (3)
R7
Humboldt County Child Welfare Services conduct a review of the terms of the 2018 Judgment of the Superior Court of the State of California and all succeeding agreements related to the Office of the Ombudsperson, compare those terms to current procedures, and prepare a report on the findings of that review. This is to be completed no later than March 31, 2025. (F7)
R8
Humboldt County Child Welfare Services create a plan of correction for all areas of noncompliance with the 2018 Judgment of the Superior Court of the State of California and all succeeding agreements related to the Office of the Ombudsperson. This is to be completed no later than June 30, 2025. (F7)
R9
Humboldt County Child Welfare Services implement a plan of correction for all areas of noncompliance with the 2018 Judgment of the Superior Court of the State of California and all succeeding agreements related to the Office of the Ombudsperson. This is to be completed no later than December 31, 2025. (F7)
F8
The Humboldt County Civil Grand Jury finds that:
The Humboldt County Child Welfare Services Office of the Ombudsperson is not independent, reporting to the very institution it is designed to investigate. This can influence the scope and outcome of investigations. (R10)
Related Recommendations (1)
R10
The Humboldt County Board of Supervisors remove the Humboldt County Child Welfare Services Office of the Ombudsperson from the Humboldt County Child Welfare Services organizational structure and reallocate the Office of the Ombudsperson to report to the Humboldt County Administrative Office. This is to be completed by no later than July 1, 2025. (F8) RESPONSES Pursuant to California Penal Code sections 933 and 933.05, each entity or individual named below must respond to the enumerated Findings and Recommendations within specific statutory guidelines. Responses to Findings shall be either: ● The respondent agrees with the finding; or ● The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. Responses to Recommendations shall be one of the following: ● The recommendation has been implemented, with a summary regarding the implemented action; or ● The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation; or ● The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency where applicable. This time frame shall not exceed six months from the date of the publication of the Grand Jury report; or ● The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. REQUIRED RESPONSE WITHIN 90 DAYS The Humboldt County Board of Supervisors (All findings, all recommendations) INVITED RESPONSES The Humboldt County Civil Grand Jury also invites the following entities or individuals to respond. The Humboldt County Department of Health and Human Services (All findings, all recommendations) Responses are to be sent to: The Honorable Judge Kelly L. Neel Humboldt County Superior Court 825 5th Street, Eureka, CA 95501 5th Street, Eureka, CA 95501 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
F9
Enhance confidentiality. The HCCGJ does not know if this has happened.
No recommendations for this finding
F10
Create a closure process with complainant follow-up. This has not been implemented because, as already reported, many complainants never receive information on the outcomes of their complaints.
No recommendations for this finding
F11
Utilize corrective action plans. The HCCGJ does not know if this has happened.
No recommendations for this finding
F12
Build relationships within CWS and in community. The HCCGJ has no way of knowing if this recommendation has happened.
No recommendations for this finding
F13
Increase involvement of practice and Cultural Coaches. The HCCGJ does not know if this has happened.
No recommendations for this finding
F14
Ensure access to Ombudsperson’s Office is youth friendly. The HCCGJ has no evidence that the Office of the Ombudsperson is friendly, unfriendly, or neutral towards youths.
No recommendations for this finding
F15
Enhance customer service. Customer service may have been enhanced since 2020 but it has not been enhanced enough to create a process sufficient to respectfully work with complainants. CWS has not followed through with many of its own recommendations from 2020. • Child Welfare Services does not follow section 10-75 of their Policies & Procedures that states “The CWS Ombudsperson promptly investigates all complaints and grievances, and all relevant parties are informed of the complaint and the investigation finding(s) and resolution(s).” CWS instead directs the Ombudsperson specifically to not inform most complainants of the “investigation finding(s) and resolution(s).” • Performance data for the Office of the Ombudsperson does not include any significant information on the outcomes of complaints. “Founded” complaints involve confirmed violations of policy, procedure, or civil rights. The public has no way of determining the nature of these violations. Just as importantly, the public has no idea what CWS has done to correct these violations and ensure that they do not happen in the future. • The Office of the Ombudsperson is occupied by someone with little child welfare or social work background. Regardless of this person’s other work attributes, they do not possess the same knowledge base as an experienced social worker. Child welfare is a complex system that takes years to master, and most social work positions at CWS require a Masters of Social Work degree. Without this wealth of knowledge, the Ombudsperson cannot be expected to efficiently and thoroughly investigate complex internal procedures without significant assistance from more experienced people. • CWS states in multiple places that the Office of the Ombudsperson is independent. The Ombudsperson provides “independent review of concerns or complaints related to Humboldt County Child Welfare Services.” - Office of the Ombudsperson webpage. “The Child Welfare Services Office of the Ombudsperson was created in April 2018, and is an internal mechanism for conducting independent review of complaints concerning Child Welfare Services…” - Office of the Ombudsperson webpage. “The purpose of the Child Welfare Services Office of the Ombudsperson is to do the following: Conduct independent internal reviews of concerns or complaints regarding Child Welfare Services policy, procedure and practices. - Office of the Ombudsperson webpage. “The CWS Office of the Ombudsperson is an internal mechanism for conducting independent review of complaints concerning CWS policies, procedures, and practices…” - CWS Policies & Procedures section 10-75. “The CWS Office of the Ombudsperson provides an independent review and investigation.” - CWS Policies & Procedures section 10-75. The Child Welfare Services Office of the Ombudsperson is demonstrably not independent. An individual or office tasked with investigating the very department they are employed by is the antithesis of independence. The CWS Ombudsperson is an employee of CWS, reports to CWS management, and has no review of their work from outside CWS. “DHHS reports planning to move forward to implement each of the following
No recommendations for this finding
Conclusions 1
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CL1 Page 18The Humboldt County Civil Grand Jury concludes that the Child Welfare Services Office of the Ombudsperson does not fulfill its stated mission and instead serves as an ineffective complaint department. By directing the Ombudsperson to not provide resolutions to complainants, management consistently violates CWS Policies & Procedures, and contradicts the 2018 stipulated agreement. The Office of the Ombudsperson is not independent in any way, and the very structure of the office provides opportunities for conflicts of interests These deficiencies result in poor customer service and bad perceptions of CWS. More importantly, it leaves people who have vital interests in complex and emotionally difficult situations without any sense of resolution. When an institution provides a venue for complaint with the promise of providing the complainant with closure, and then regularly fails to do so, people are left with a sense of distrust during a particularly difficult time in their lives. Humboldt County Child Welfare Services and the Humboldt County Board of Supervisors should make a choice. They can raise the standards, transparency, and responsiveness within the current system to have a true Office of the Ombudsperson. Barring that, they can dismantle the Office of the Ombudsperson, revise their policies and procedures, and create a complaint line that does not promise investigation or response to complainants. Continuing with what is an Office of the Ombudsperson in name only does not provide a public service, it just minimally attempts to comply with the letter of the 2018 legal agreement. 23 Ibid: See footnote #12