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Code · California · Welfare and Institutions Code

§ 4506.2

335 words·~2 min read·/ca/welfare-and-institutions-code/4506-2

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(a)The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. If, after 90 days, the committee does not provide input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may reappoint the ombudsperson for consecutive terms.
(b)The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.
(c)If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17.
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