Office of child advocate; powers; duties.

The office: A. shall: (1) review the department's provision of services to children and families, receive complaints concerning the actions of the department or of any entity or person that provides services to children and families through funds provided by the department and make appropriate referrals when the state child advocate determines that a child or family may be in need of assistance; (2) determine the extent to which the department's policies and procedures protect and enhance children's personal dignity, right to privacy, appropriate health care and education in accordance with state and federal law; (3) adopt and promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] as are deemed necessary to carry out the provisions of the Office of Child Advocate Act; (4) operate a toll-free hotline and electronic communication portal to receive complaints pursuant to this section; (5) investigate and attempt to resolve complaints made by or on behalf of a child in custody, receiving services under the supervision of the department, subject to a referral to the department or whose parent, guardian or custodian is under investigation by the department; (6) upon rendering a decision to investigate a complaint, notify the complainant of the intention to investigate and, if the office declines to investigate a complaint or continue an investigation, notify the complainant that no further action will be taken by the office; (7) update the complainant on the progress of the investigation within thirty days and notify the complainant and the subjects of the complaint of the final outcome within ninety days of the completion of the investigation; (8) analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to child and family welfare and recommend changes when appropriate; (9) provide information about the children's and families' rights and responsibilities related to departmental services; (10) provide comprehensive information concerning child and family welfare to the governor, state agencies and legislators; (11) compile an annual report pursuant to Section 7 [32A-30-7 NMSA 1978] of the Office of Child Advocate Act; (12) access information or records that the department would be entitled to access or receive and that are necessary for carrying out the provisions of the Office of Child Advocate Act; (13) access and review information, records or documents that the department would be entitled to access or receive, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint; and (14) refer any finding of a violation of federal or state constitutional rights, reckless disregard for the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare to the attorney general; and B. may: (1) hire and contract for such professional, technical and support staff as needed to carry out the functions of the office; provided that employees of the office, except the state child advocate, are subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; (2) meet or communicate with any child in custody, receiving services under the supervision of the department or under investigation by the department; and (3) refer a complaint to another agency for investigation.