Humboldt County Child Welfare Services

Office of the Ombudsperson

Released June 28, 2024

ombudsmen: a person who investigates, reports on, and helps settle complaints : an individual
usually affiliated with an organization or business who serves as an advocate for patients,
consumers, employees,...1

SUMMARY
In 2023 the Humboldt County Civil Grand Jury (HCCGJ) received a complaint regarding Child
Welfare Services (CWS), a branch of the Humboldt County Department of Health and Human
Services (DHHS). Among several other issues, the complainant told us that after contacting the
CWS Office of the Ombudsperson to lodge a complaint and receive assistance, they never
received a reply. The Humboldt County CWS Office of the Ombudsperson was created in 2018
as part of a legal settlement with the State of California that required CWS to establish a
complaint office to give a voice to families involved in the Child Welfare Services system.2

We investigated the current state of this office and found that it does not follow through on
promises made on the CWS website and that current practices violate CWS’s own policies. We
found that CWS regularly refers to the Office of the Ombudsperson as “independent” but that in
reality it is intricately woven into the CWS structure. We found that CWS is good at keeping
records about complaints received but does not provide information about complaint outcomes
involving violations of policy, procedure, or civil rights. Moreover, we found that the public has
no way to know if these violations have been addressed individually or systemically.

Crucially, we found that many people who make complaints never learn the outcomes of their
complaints from CWS. These complainants are people in difficult situations. They may be at
risk of losing their children, may have seen their children be abused by others, or may be abusers
themselves. Whatever the case, they contact CWS to find answers, instead finding silence. Our
conclusion is that CWS has an Office of the Ombudsperson in name only.

1
The Merriam-Webster dictionary refers to “ombudsman”; however, its definition suitably describes current
vernacular “ombudsperson” and its role: https://www.merriam-webster.com/dictionary/ombudsman
2
State of California v. Humboldt DHHS and HCSO:
https://oag.ca.gov/system/files/attachments/press_releases/Signed%20Proposed%20Judgment.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 1

BACKGROUND

Child Welfare Services

At its core, Humboldt County Child Welfare Services strives to preserve family unity whenever
possible and pursues separation of children and parents only when clearly necessary. The child
welfare system is primarily concerned with children who have been abused or neglected.
According to the CWS website, these services include:

• Emergency Response Services where workers investigate reports of child maltreatment

and provide short-term intensive services to stabilize families so that children can be safe
and receive appropriate care.
• Family Maintenance Services, which provides time-limited services to children in their
homes, aimed at preventing or correcting neglect or abuse.
• Family Reunification Services, which provides time-limited services to families whose
children cannot remain safely in the home and have been placed in foster care by the
Juvenile Court. The goal of the Family Reunification Services is to help the family
overcome safety issues so that children can be reunited with parents or guardians.
• Permanency Planning, which is designed to provide a permanent family for those children
who, because of neglect or abuse, cannot safely remain at home or return to the home of
the parent(s). Possible permanent plans include: adoption, guardianship, or long-term
foster care. The goal of Permanency Planning is to ensure that each child has the most
stable home available to grow up.3

3
Humboldt County CWS Website: https://humboldtgov.org/497/Child-Welfare-Services

Humboldt County Civil Grand Jury 2023-2024 pg. 2

The People of the State of California v. The Humboldt County Department of
Health and Human Services and The Humboldt County Sheriff’s Office

2018: Original Lawsuit

On February 13, 2018, a stipulation for entry of final judgment and permanent injunction
(Judgment) was filed in the Superior Court of the State of California, County of
Humboldt.4 It stemmed from a lawsuit filed by the State of California Department of
Justice Office of the Attorney General.5 The 2018 Judgment mandated significant
change in the operations of Humboldt County Child Welfare Services. For the purposes
of this investigation, we focused on legally agreed-upon corrective actions that required
CWS to create a complaint system. In this structure, the client is anyone who makes a
complaint, regardless of any particular connection to the situation. The 2018 Judgment
stated:

“Within 60 days of the judgment, Defendant CWS shall create a complaint

procedure that can be easily understood by and publicized to the community. This
procedure shall include the time frame for handling complaints submitted
formally and informally, written and orally. CWS shall create a policy
designating a supervisor who will be responsible for ensuring all complaints are
investigated.”

In response to this section of the 2018 Judgment, CWS opted to address the requirement
to establish a “complaint procedure” by creating an Office of the Ombudsperson.

2020: Performance of Corrective Actions of the Judgment

As part of the 2018 Judgment, the Center for the Study of Social Policy (CSSP) was
retained to monitor CWS’s compliance with the Judgment. On June 30, 2020, CSSP
published a progress report covering the period from September 1, 2019 through
February 29, 2020.6 The progress report did not find that CWS was out of compliance
with the 2018 Judgment. However, on page 33 of the progress report CSSP wrote:

“DHHS presented results of a DHHS review of the CWS Ombudsperson’s Office

during the May 2020 Community Task Force meeting. DHHS reports planning to
move forward to implement each of the following recommendations from their
review of the Ombudsperson’s Office:

4
Ibid: See footnote #2
5
THE PEOPLE OF THE STATE OF CALIFORNIA ex. rel. XAVIER BECERRA, ATTORNEY GENERAL OF THE STATE OF
CALIFORNIA, Plaintiff, v. HUMBOLDT COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES; CONNIE BECK, In
Her Official Capacity as Director; HUMBOLDT COUNTY SHERIFF’S OFFICE; WILLIAM HONSAL, In His Official Capacity
as Sheriff, Defendants. Humboldt County Case No. CV-180-143.
6
CSSP June 30, 2020 Report: https://cssp.org/wp-content/uploads/2020/06/California-v-Humboldt-County-
Progress-Report-for-the-Period-Sep-2019-Feb-2020.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 3

 1. Move Ombudsperson’s Office from the CWS chain of command.
2. Clarify the role of the Ombudsperson.
3. Update the Ombudsperson’s Office Policy and Procedures.
4. Implement training for the Ombudsperson and staff of the Office.
5. Standardize case file maintenance.
6. Implement marketing strategies for the Office.
7. Enhance the feedback loop for data from the Ombudsperson’s Office.
8. Improve Communication.
9. Enhance confidentiality.
10. Create a closure process with complainant follow-up.
11. Utilize corrective action plans.
12. Build relationships within CWS and in community.
13. Increase involvement of practice and Cultural Coaches.
14. Ensure access to Ombudsperson’s Office is youth friendly.
15. Enhance customer service.”

2020: Motion for Extension of Monitoring Period and Order of Supplemental

Judgment

On January 15, 2020, in the Humboldt County Superior Court, the State of California
requested that the monitoring period for compliance with the 2018 Judgment be extended
due to continuing non-compliance by CWS.7 CWS opposed the extension of the
monitoring period. On page 15 of this motion the State of California wrote:

7
State of California Motion for Extension:
https://oag.ca.gov/sites/default/files/Motion%20for%20Supplemental%20Judgment.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 4

 b. DHHS-CWS’ Complaint Procedure Has Not Been Fully Implemented. The
Final Judgment requires DHHS-CWS to “create a complaint procedure that can
be easily understood by and publicized to the community.” (Final Judg., ¶ 3, subd.
(GG).) DHHS-CWS’s Ombudsperson’s Office was created to handle public
complaints. To gauge the efficacy of the Ombudsperson’s Office, the monitor
planned to conduct a survey of the complaints to the Ombudsperson’s Office
starting in March 2020 but it has been unable to undertake the planned survey due
to the pandemic. (Riehl Decl., Ex. 1, p. 33.) The most recent monitoring report
states that DHHS-CWS is still working “to improve the Ombudsperson’s Office
including clarifying the role of the Ombudsperson; standardizing multiple
processes within the Office; and creating a formal complaint closure process.”
(Riehl Decl., Ex. 2, p. 31.) During the last monitoring period, DHHS-CWS
“leadership and CSSP received complaints from stakeholders who are not
contacting the Ombudsperson’s Office for relief.” (Ibid.) By February 14, 2021,
DHHS-CWS will not have “create[d] a complaint procedure that can be easily
understood by and publicized to the community,” (see Final Judg., ¶ 3, subd.
(GG)), because the public is not always using the system and the system is going
through needed changes. Thus, the Proposed Supplemental Judgment requires a
complaint procedure that is publicized and reviewed to ensure compliance with
the Final Judgment. (Proposed Supp. Judg., § (7), subds. (M)(4) & (N).)

To summarize the portions of the above paragraph most relevant to this report:

• “DHHS-CWS’ Complaint Procedure Has Not Been Fully Implemented.”

• CSSP planned to “conduct a survey of the complaints” but was unable due to the
pandemic. The HCCGJ could find no evidence that this survey has ever been
conducted.
• The Final Judgment requires DHHS-CWS to “create a complaint procedure that
can be easily understood by and publicized to the community.”
The Proposed Supplemental Judgment requires a complaint procedure that is publicized
and reviewed to ensure compliance with the Final Judgment.

2020: Proposed Supplemental Judgment

The document that accompanied the motion for extension was the Proposed
Supplemental Judgment8, which was ultimately approved by the Superior Court of
California, County of Humboldt. In essence, it provides the corrections requested by the
State of California to address deficiencies noted in the previous document, the Motion for
Extension of Monitoring Period and Order of Supplemental Judgment. It states:

8
Proposed Supplemental Judgment:
https://oag.ca.gov/sites/default/files/Proposed%20Supplemental%20Judgment.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 5

 “N. Subsection (3)(GG) of the Final Judgment requires DHHS-CWS to create a
complaint procedure. DHHS-CWS shall maintain and provide a complaint
procedure that is publicized to the community. Part of this complaint procedure
involves the Ombudsperson’s Office. Within 30 days of the entry of
Supplemental Judgment, DHHS-CWS shall provide the Attorney General with its
metrics, created in consultation with the monitor and Evident Change, to measure
internal and external functions of the Ombudsperson’s Office, including timely
investigation of complaints submitted formally and informally, written and
orally.”

2021-2022: Performance of Corrective Actions of the Judgment

Following the involvement of CSSP, the California Center for Rural Policy (CCRP) at
the California State Polytechnic University, Humboldt, was retained to monitor CWS’s
compliance with the Judgment. They have published two reports, one covering the
period from February 14, 2021 through August 14, 20219, and the other from August 15,
2021 through February 14, 2022.10 In neither of the reports is the complaint process or
the Office of the Ombudsperson referenced.

Humboldt County Child Welfare Services Office of the Ombudsperson

The following text is quoted directly from the CWS Office of the Ombudsperson website:11

CWS Office of the Ombudsperson

The Humboldt County Department of Health & Human Services, Child Welfare Services
(CWS) has an ombudsperson who provides the following services:

• Independent review of concerns or complaints related to Humboldt County Child

Welfare Services
• Information, consultation and facilitation related to Humboldt County Child Welfare
Services
• Assistance with problem resolution related to Humboldt County Child Welfare
Services

9
CCRP First Report:
https://ccrp.humboldt.edu/sites/default/files/ca.v.humboldt_county.progress.report.2.14.2021-8.14.2021.pdf
10
CCRP Second Report:
https://ccrp.humboldt.edu/sites/default/files/ca_v._humboldt_county_progress_report_8.15.21-2.14.22_final.pdf
11
CWS Website: https://humboldtgov.org/2360/CWS-Office-of-the-Ombudsperson

Humboldt County Civil Grand Jury 2023-2024 pg. 6

 What is an Ombudsperson?

An Ombudsperson is an official charged with representing the interests of the public by

investigating and addressing complaints or violations of rights. The Child Welfare Services
Office of the Ombudsperson investigates concerns or complaints related to Child Welfare
Services policy, procedures, and practices in an independent and objective manner, and
develops proposed resolutions.

Purpose and Function

The purpose of the Child Welfare Services Office of the Ombudsperson is to do the following:

• Provide information and consultation regarding Child Welfare Services policies,

procedures and practices
• Receive and monitor concerns and complaints regarding Child Welfare Services
• Facilitate communication with pertinent Child Welfare Services staff for problem
resolution in an impartial and objective manner
• Conduct independent internal reviews of concerns or complaints regarding Child
Welfare Services policy, procedure and practices
• Receive and investigate grievances regarding the placement in or removal from a foster
home, per Division 31[sic]12
• Oversee the evaluation and assessment of each concern or complaint
• Elevate findings and recommendations to management to ensure that policies and
practices meet state and federal laws, and are consistent with the mission and goals of
Child Welfare Services

Limitations

The Child Welfare Services Office of the Ombudsperson does not have authority to do the
following:

• Make recommendations to the court or overturn court orders

• Investigate matters in which appeals or lawsuits are pending
• Change or make exceptions to state or federal laws or regulations
• Investigate, make recommendations, or take action in personnel or disciplinary matters
• Give legal advice

12
California Department of Social Services Manual: https://www.cdss.ca.gov/inforesources/letters-
regulations/legislation-and-regulations/child-welfare-services-regulations

Humboldt County Civil Grand Jury 2023-2024 pg. 7

 What to do before filing a concern or complaint with the Child Welfare Services Office
of the Ombudsperson

Before contacting the Office of the Ombudsperson, try to resolve concerns by contacting the
following individuals in the order listed:

• Social worker
• Supervisor
• Program manager

Call the Child Welfare Services main line at 1-707-388-6600 to obtain the names of staff
assigned to your referral or case. If the complaint remains unresolved, call the Office of the
Ombudsperson.

Tips on how to prepare for problem resolution

• Record the names of staff who you have contacted

• Keep records, take notes and record dates of events
• Save all documents

At the bottom of the webpage for the Office of the Ombudsperson is a final paragraph titled
Overview and Policy:

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 policies, procedures and practices that originate from clients, caregivers,
tribal partners, schools, community partners and members of the public. Child Welfare
Services values customer, community and staff input in problem resolution. All concerns,
complaints, and grievances, whether verbal or written, will receive a thoughtful, timely and
impartial response.

Humboldt County Civil Grand Jury 2023-2024 pg. 8

Office of the Ombudsperson Policy and Procedure

Humboldt County Child Welfare Services has an eight-page Policy and Procedure (P&P),
section 10-75, titled “Complaint Resolution and Grievance Review.”13 The Humboldt County
Civil Grand Jury obtained a copy of this document that was last revised on April 20, 2018. We
could find no evidence that a newer revision has been released. Section 10-75 is located on a
CWS webpage dedicated to policies and procedures and is not linked to or referenced by the
webpage dedicated to the Office of the Ombudsperson. Sections of the P&P most relevant to our
investigation include the following (emphasis added):

The CWS Office of the Ombudsperson is an internal mechanism for conducting independent
review of complaints concerning CWS policies, procedures, and practices that originate from
clients, caregivers, tribal partners, schools, community partners, and members of the public.
CWS values customer, community, and staff input in problem resolution. All concerns,
complaints, and grievances received by the Ombudsperson, whether verbal or written, will
receive a thoughtful, timely, and impartial response.

All concerns/complaints are resolved at the lowest possible level within the CWS
organizational structure. Generally, the complaint is first addressed by staff of the CWS
Office of Ombudsperson, who will seek problem resolution through discussion, education,
and referral. If the Ombudsperson staff cannot completely resolve the issue, they forward the
complaint to the appropriate CWS program’s staff member and supervisor, and/or to a
program manager, for investigation and resolution. If a complaint has been elevated to a
program manager and remains unresolved, the CWS Office of the Ombudsperson provides
an independent review and investigation. If the complaint remains unresolved, it is elevated
to the CWS Director, who retains final decision-making authority for complaints and
grievances.

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).

To make a complaint or discuss concerns, an individual may contact the CWS Office of the
Ombudsperson by email, phone call, or letter to the contacts posted on the CWS web page
and CWS Ombudsperson brochure. Upon a complainant’s request, CWS staff may assist
with completion of a handwritten complaint.

The CWS Ombudsperson responds to all complaints within two business days by calling the
complainant to directly discuss their concerns/complaint. If a complainant does not provide a
telephone number, Ombudsperson staff attempt to contact the complainant to obtain a
telephone number.

13
CWS Policy and Procedure: https://humboldtgov.org/DocumentCenter/View/118876/10-75-CWS-Complaint-
Resolution-and-Grievance-Review

Humboldt County Civil Grand Jury 2023-2024 pg. 9

 The Ombudsperson enters complaint- or concern-related information into the complaint
tracking system/spreadsheet, and enters updates during key points during the progress of the
complaint.

The Ombudsperson sends an Acknowledgment Letter to the complainant (via US Mail or

email) within five business days of initially speaking to or corresponding with the
complainant. All Acknowledgment Letters include a summary of the complaint.

Ombudsperson Offices within the State of California

There are many ways to define the role of an Office of the Ombudsperson. The County of
Sacramento Department of Child, Family and Adult Services (DCFAS), for instance, defines
their Ombudsperson/Civil Rights Coordinator as:

“A neutral party who helps resolve complaints or answer questions about DCFAS
Agency policies and practices. The Ombudsperson is a liaison between DCFAS and the
public, clients, and other government and private agencies. The Ombudsperson conducts,
reviews independently with impartial manner to ensure that agency policies and practices
are consistent with DCFAS goals and missions. The Ombudsperson seeks to resolve
issues in a fair, thorough, and timely manner and to ensure that the individuals are treated
fairly, respectfully and with dignity.”14

The State of California Foster Care Ombudspersons web page states:

“The mission of the California Office of the Foster Care Ombudsperson (OFCO) is to
advocate on behalf of foster children and youth regarding their care, placement, and
services. The OFCO is an autonomous entity that is empowered to investigate and
informally resolve complaints impacting foster youth, increase awareness about foster
youth rights, and make recommendations to help support systemic change.”15

While precise definitions may differ, the overall role and mission of the Ombudsperson is similar
in every instance we reviewed.

14
Sacramento County: https://dcfas.saccounty.net/Pages/Ombudsperson.aspx
15
OFCO: https://fosteryouthhelp.ca.gov/about/

Humboldt County Civil Grand Jury 2023-2024 pg. 10

Humboldt County Office of the Ombudsperson Staffing

Since its inception the Child Welfare Services Office of the Ombudsperson has had at least three
different people assigned to serve in that role. In periods of time where the office was unfilled,
the duties of the Ombudsperson were filled by supervisors or program managers. The first two
incumbents in this office had experience as CWS social workers, providing a base of knowledge
about how CWS operates. The current Ombudsperson, who has been in the role since the spring
of 2023, is a Staff Services Analyst.16

The duties described in the Staff Services Analyst job description revolve around “performing
professional level analytical duties involving general administrative, staff development, fiscal,
and/or program analytical work.” There is no requirement that this position have specific
knowledge about the functions of the department in which they work. The current
Ombudsperson has little experience in child welfare or social work but did receive training on
how to fulfill the role of ombudsperson.

METHODOLOGY
The Humboldt County Civil Grand Jury conducted interviews with people who have firsthand
knowledge of Humboldt County Child Welfare Services and the CWS Office of the
Ombudsperson, researched Ombudsperson offices in other counties and states, and analyzed
relevant documents. For a complete list of documents please see the bibliography at the end of
this report.

DISCUSSION
During our investigation, as detailed in the following sections of the Discussion, the Humboldt
County Civil Grand Jury learned that the Child Welfare Services (CWS) Office of the
Ombudsperson does not adequately serve the people it is intended to help. Moreover, it does not
follow its own Policies and Procedures (P&P). We found that there is a culture of inconsistent
policy and procedure at the CWS Office of the Ombudsperson.

Staffing and Supervision

The Ombudsperson reports directly to a supervisor, who reports to a Program Manager, who in
turn reports to a CWS Deputy Director. Based on statistics provided to us by CWS a large
majority of complaints are about the provision of services.17

16
Staff Services Analyst Job Description:
https://www.governmentjobs.com/careers/humboldtcountyca/classspecs/1210689?keywords=staff%20services%2
0analyst&pagetype=classSpecifications
17
CWS Office of the Ombudsperson 2023 Q4 Progress Report, tracking statistics related to Ombudsperson
performance, not publicly available.

Humboldt County Civil Grand Jury 2023-2024 pg. 11

A 2022-2023 Humboldt County Civil Grand Jury report on CWS included the finding that “when
there is an Ombudsperson they report to the Deputy Director who supervises them, who also may
supervise areas that are the subject of complaints. This creates the potential for a conflict of
interest.”18 In their response the Humboldt County Board of Supervisors (BOS) agreed with this
finding.

The HCCGJ recommended that “by April 1, 2024, the Humboldt County Board of Supervisors
remove the Ombudsperson position from the Child Welfare Services organizational structure,
reallocating the position to the County Administrative Officer, to whom they will directly
report.” The BOS replied that the recommendation would not be implemented, writing:

“Child Welfare Services is currently negotiating a contract with California Center for
Rural Policy (CCRP) to conduct a review of the Office of the Ombudsperson and for
CCRP to review other models/mechanisms used by public agencies for handling concerns
or complaints. This review will include conducting an analysis that connects the desired
intent and purpose with the actual types of complaints received by the Office of the
Ombudsperson in order to assess whether or not the current structure is serving its’ [sic]
intended purpose. The outcome of the review will include recommendations and options
to ensure that, through the Office of the Ombudsperson and/or other means, Child
Welfare Services has mechanisms in place to respond in a timely and effective manner to
complaints or concerns.”

Throughout the course of our investigation, we could find no evidence that any of the above has
taken place.

The HCCGJ learned that CWS management does not feel there are enough complaints to
dedicate an employee to a full-time position. As a result, management has chosen to staff the
Office of the Ombudsperson with a Staff Services Analyst, who also performs unrelated duties.

Complaint Process

The process of filing a complaint with the CWS Ombudsperson is to either call the phone
number provided on their website, send an email to the email address provided, or physically go
to the CWS offices at 2440 6th Street in Eureka. During this investigation, we found examples of
the Office of Ombudsperson not complying with the 2018 Judgment and Injunction mentioned
previously.

Our investigation found that if a complainant calls the phone number provided, nobody will
answer the phone. A recorded voice states: “You have reached the Humboldt County Office of
the Ombudsperson. Please leave a message and we’ll call you back as soon as possible.” Per
CWS P&P, the complainant is to be called back within 48 hours of CWS receiving the
complaint.

18
2022-2023 Grand Jury Report: https://humboldtgov.org/DocumentCenter/View/117302/Humboldt-County-
Child-Welfare-Services-and-the-Courts-Late-Reports-Dysfunctional-Systems-and-Traumatized-Children

Humboldt County Civil Grand Jury 2023-2024 pg. 12

When the Ombudsperson or another worker returns the call, the complaint information is taken
over the phone, documenting the complaint on an internal computerized form not available to the
complainant. This documentation includes family names, children involved, social workers,
outside agencies involved, and the nature of the complaint. Then, the Ombudsperson reviews the
information to see if any CWS policy or procedure was violated. Based on our investigation and
statistics shared with us by CWS, it appears that all calls receive an initial telephone response
from CWS.19

There is no complaint form available from the website. During our investigation, it was reported
to us that a form was available at the main CWS office at 2440 Sixth Street in Eureka, but we
could not find any evidence to confirm this statement. Very late in the investigation CWS
provided us with a complaint form that hadn’t been referenced in any interviews and couldn’t be
found on the internet. Rather than being guided by a standard form, the complainant must write
a narrative explaining their complaint. There is no defined mechanism for the Office of the
Ombudsperson to receive in-person oral complaints

When a complaint has been received, the Ombudsperson follows the first steps of the procedures
detailed in the background section above.

It was reported to the Humboldt County Civil Grand Jury that Child Welfare Services has
directed the Ombudsperson to, after the initial complaint is taken, not return calls that
supervision sees as a waste of time and considers a nuisance. This is reported to be a large
number of complaints. This means that many complainants never hear a resolution to their
complaint and is in direct violation of CWS Policy & Procedure section 10-75.

CWS keeps track of some data related to complaints to the Ombudsperson.20 The data below
was recorded from the inception of the Office of the Ombudsperson in 2018 through the end of
2023:

• 747 total complaints were received, an average of thirty-one per month

• 745 of those complaints had been “closed”, meaning they were no longer active
• Complaints were “open” for an average of twenty-four days
• Of the 747 complaints received:
o 525, or 70%, were received over the phone, with the Ombudsperson or a staff
member taking information from the complainant
o 192, or 26%, were received via email, with the complainant writing an unguided
narrative that may not supply all of the facts needed in filing a complaint
o 24, or 3%, were received by letter, with the complainant writing an unguided
narrative that may not supply all of the facts needed in filing a complaint

19
Ibid: See footnote #11
20
Ibid: See footnote #11

Humboldt County Civil Grand Jury 2023-2024 pg. 13

 o 7, or 1%, were received in person with the Ombudsperson or a staff member
taking information from the complainant

The data on the 747 total complaints reveals the basic categories under which they fell:

• 418, or 56%, resulted in “investigation”, where the Ombudsperson examined the merits
of the complaint
• 191, or 26%, resulted in “N/A”, presumably a not applicable or unknown outcome
• 83, or 11%, were for “information”
• 54, or 7%, in which CWS was unable to contact the complainant

Finally, the data reveals very general information about the outcomes:21

• 208, or 28%, were “unfounded”, i.e. there was no factual basis for the complaint and the
complaint was dismissed
• 104, or 14%, were “founded”, i.e. the complaint had a factual basis based in a violation of
policy, procedure, or civil rights, with some sort of corrective action taken
• 91, or 12%, were “partially founded”, i.e. there was a partial factual basis for the
complaint and some sort of corrective action may or may not have taken place
• 15, less than 1%, were “inconclusive”, i.e. no determination could be found

Note that the total outcomes provided is 418 as opposed to 747 complaints. We were unable to
determine outcomes for the remaining 329, or 44%, of the complaints, which may or may not be
categorized under the unofficial category of “nuisance”. The data continues to break down
complaints by type, detail the relationship of the complainant to the case, and detail the general
nature of the complaint, i.e. “service delivery” or “individual staff.”

Aside from “unfounded”, “founded”, “partially founded”, or “inconclusive”, no information

about the nature of the outcomes is provided. For complaints deemed “founded” or “partially
founded” there is no information about the nature of the violation of policy, procedure, or civil
rights. There is no information about any corrective measure(s) that may have been
implemented. There is no way of knowing if CWS is addressing problems identified by
complaints.

We understand that specific information is confidential and cannot be revealed. However, we

also understand that more detailed information on resolutions will shed light on the progress, or
lack thereof, of CWS addressing internal procedures that may arise from complaints.

21
Due to rounding the percentages in this section total 99%

Humboldt County Civil Grand Jury 2023-2024 pg. 14

Deficiencies

• CWS is violating both the spirit and the letter of the 2018 stipulation for entry of final
judgment and permanent injunction regarding the Office of the Ombudsperson and the
complaint process. The CWS complaint procedure is not “easily understood by and
publicized to the community.” Information of any substance is limited to a website.

• At the inception of the Office of the Ombudsperson in 2018, CWS produced a two-page,
tri-fold pamphlet describing the process of making a complaint.22 It is not available
online through CWS – we could only find it through the College of the Redwoods. We
have been told that the pamphlet may be available at a CWS office. Even if it is available
at the office, only seven out of 747 complainants since 2018 have made their complaints
in-person.

• No standardized complaint form is readily available. Those wishing to make a complaint

by email or letter will likely not provide all the necessary information and therefore must
speak with someone to provide information and explain their complaint. Making an oral
complaint can be intimidating to some people. Without specific knowledge of what will
be required the complainant may not be prepared to make an oral complaint. The
information provided on the Office of the Ombudsperson website is not sufficient to
address this problem.

• In the 2020 report Performance of Corrective Actions of the Judgment written by the
Center for the Study of Social Policy it was stated that “DHHS reports planning to move
forward to implement each of the following recommendations from their review of the
Ombudsperson’s Office,” CWS has failed to follow through on implementation of many
of these items.

1. Move Ombudsperson’s Office from the CWS chain of command. This has
not taken place and was dismissed when recommended in a 2022-2023 HCCGJ
report.
2. Clarify the role of the Ombudsperson. The HCCGJ has no historical
information about how the role was previously defined and cannot determine if
this has taken place.
3. Update the Ombudsperson’s Office Policy and Procedures. We could find
no evidence that CWS Policy & Procedure 10-75, which covers the Office of the
Ombudsperson, has been updated since it was introduced in 2018.
4. Implement training for the Ombudsperson and staff of the Office. The
current Ombudsperson has received training on being an Ombudsperson.

22
CWS Pamphlet: https://www.redwoods.edu/Portals/52/Brochures/Ombudsperson%20Brochure.pdf?ver=2019-
02-26-142607-357

Humboldt County Civil Grand Jury 2023-2024 pg. 15

 5. Standardize case file maintenance. This appears to have been implemented.
6. Implement marketing strategies for the Office. The HCCGJ could find no
evidence that, aside from a webpage, the Office has been “marketed” in any way.
7. Enhance the feedback loop for data from the Ombudsperson’s Office. This
does not define who is to be included in this “feedback loop”. If the “feedback
loop” includes complainants, it has not been implemented to any significant
degree.
8. Improve Communication. This is a very broad recommendation. If it refers
to communication between complainants and CWS it has not been implemented
to any significant degree.
9. Enhance confidentiality. The HCCGJ does not know if this has happened.
10. 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.
11. Utilize corrective action plans. The HCCGJ does not know if this has
happened.
12. Build relationships within CWS and in community. The HCCGJ has no
way of knowing if this recommendation has happened.
13. Increase involvement of practice and Cultural Coaches. The HCCGJ does
not know if this has happened.
14. 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.
15. 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.

Humboldt County Civil Grand Jury 2023-2024 pg. 16

 • 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

recommendations from their review of the Ombudsperson’s Office. 1. Move
Ombudsperson’s Office from the CWS chain of command.” - Center for the
Study of Social Policy, 2020 Performance of Corrective Actions of the Judgment.

The preceding indicates that CWS itself does not see the Office of the Ombudsperson as
independent. The HCCGJ can think of no other reason CWS would promise to move the
Ombudsperson from the CWS chain of command..

Humboldt County Civil Grand Jury 2023-2024 pg. 17

 “If the Ombudsperson staff cannot completely resolve the issue, they forward the
complaint to the appropriate CWS program’s staff member and supervisor, and/or to a
program manager, for investigation and resolution.” - CWS Policies & Procedures
section 10-75.

This section of policy is perhaps the most conclusive evidence of a lack of independence.
The Ombudsperson may need to turn over their investigative duties to the very people
whose chain of command includes the subject(s) of the complaint. This also provides a
clear venue for conflict of interest by the person to whom the Ombudsperson turns over
an investigation.

• The Humboldt County Board of Supervisors agreed with a previous HCCGJ finding
related to potential conflict of interest with the Office of the Ombudsperson. They did
not agree that the Ombudsperson should be placed in a different supervisory structure
independent from CWS, instead promising a review that would ensure that “Child
Welfare Services has mechanisms in place to respond in a timely and effective manner to
complaints or concerns.”23 This review has not taken place.

These common and flagrant violations disrupt the trust between the public and Child Welfare
Services.

CONCLUSION
The 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

Humboldt County Civil Grand Jury 2023-2024 pg. 18

FINDINGS
The Humboldt County Civil Grand Jury finds that:

F1: 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)

F2: 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)

F3: 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)

F4: 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)

F5: 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)

F6: 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)

F7: 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)

F8: 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)

Humboldt County Civil Grand Jury 2023-2024 pg. 19

RECOMMENDATIONS
The Humboldt County Civil Grand Jury recommends that:

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)

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)

R3: The next and all following Humboldt County Child Welfare Services Ombudspersons have
prior experience in child welfare and social work. This action is be implemented the next time
the Ombudsperson position is vacant. (F3)

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)

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)

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)

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)

Humboldt County Civil Grand Jury 2023-2024 pg. 20

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)

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.

Humboldt County Civil Grand Jury 2023-2024 pg. 21

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

The Humboldt County Civil Grand Jury

825 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.

BIBLIOGRAPHY
California State Polytechnic University, Humboldt
• California Center for Rural Policy, Research & Policy Briefs – Humboldt County
Child Welfare Services Compliance Monitoring (Two reports available covering
February - August 2021 and Aug. 2021 - February 2022.)
https://ccrp.humboldt.edu/research/humboldt-county-child-welfare-services-compliance-
monitoring

Center for the Study of Social Policy

• People of the State of CA v. Humboldt County DHHS and Sheriff’s Office
(September 1, 2019–February 29, 2020) Compliance Report
https://cssp.org/wp-content/uploads/2020/06/California-v-Humboldt-County-Progress-
Report-for-the-Period-Sep-2019-Feb-2020.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 22

College of the Redwoods
• Humboldt County Child Welfare Services 101
https://www.redwoods.edu/Portals/52/Class%20Packets/Humboldt%20County%20Child
%20Welfare%20Services%20101%20cherie-1.pdf?ver=2020-09-23-201549-930

County of Humboldt
• CWS Office of the Ombudsperson, Humboldt County Website
https://humboldtgov.org/2360/CWS-Office-of-the-Ombudsperson
• CWS Policy and Procedures
https://humboldtgov.org/2454/CWS-Policies-Procedures
• Staff Services Analyst I/II job description:
https://humboldtgov.org/DocumentCenter/View/54044/Staff-Services-Analyst-I-II---
Humboldt-2013--MSS?bidId=

County of Sacramento
• Department of Child, Family, and Adult Services Ombudsperson/Civil Rights
Coordinator
https://dcfas.saccounty.net/Pages/Home.aspx

Humboldt County Civil Grand Jury 2022-2023

• Humboldt County Child Welfare Services and The Courts: Late Reports,
Dysfunctional Systems, and Traumatized Children
https://humboldtgov.org/Archive.aspx?AMID=62

State of California
• State of California, ex. rel. Xavier Becerra Attorney General’s Office vs. County of
Humboldt Child Welfare Services, Signed Stipulated Judgment, 2018
https://oag.ca.gov/system/files/attachments/press_releases/Signed%20Proposed%20Judg
ment.pdf

State of California, ex. rel. Xavier Becerra Attorney General’s Office vs. County of
Humboldt Child Welfare Services, Supplemental Judgment, 2021
https://oag.ca.gov/sites/default/files/Proposed%20Supplemental%20Judgment.pdf

Humboldt County Civil Grand Jury 2023-2024 pg. 23