Sec. 1. 22 MRSA §4087-A, sub-§2, as enacted by PL 2001, c. 439, Pt. X, §5, is amended to read:

2. Program established. The ombudsman program is established as an independent program within the Executive Department to provide ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Human Services and services provided to children by the Department of Behavioral and Developmental Services. The program shall consider and promote the best interests of the child involved, answer inquiries and investigate, advise and work toward resolution of complaints of infringement of the rights of the child and family involved. The program must be staffed, under contract, by an attorney or a master's level social worker who must have experience in child development and advocacy, and support staff as determined to be necessary. The program shall function through the staff of the program and volunteers recruited and trained to assist in the duties of the program.

Sec. 2. 22 MRSA §4087-A, sub-§4, ¶¶B, D and G, as enacted by PL 2001, c. 439, Pt. X, §5, are amended to read:

B. Answer inquiries, investigate and work toward resolution of complaints regarding the performance and services of the department and the Department of Behavioral and Developmental Services and participate in conferences, meetings and studies that may improve the performance of the department and the Department of Behavioral and Developmental Services;

D. Inform persons of the means of obtaining services from the department and the Department of Behavioral and Developmental Services;

G. Determine what types of complaints and inquiries will be accepted for action by the program and adopt policies and procedures regarding communication with persons making inquiries or complaints and the department or the Department of Behavioral and Developmental Services;

Sec. 3. 22 MRSA §4087-A, sub-§5, as enacted by PL 2001, c. 439, Pt. X, §5, is amended to read:

5. Access to persons, files and records. As necessary for the duties of the program, the ombudsman has access to the files and records of the department and the Department of Behavioral and Developmental Services, without fee, and to the personnel of