9 NYCRR 177.6

Consistent with agency policy, the ombudsman shall investigate those grievances and complaints which, in his/her opinion, warrant investigation. In determining whether to investigate a grievance or complaint, the ombudsman must make a judgment whether there is reasonable suspicion to believe that a legal right has been violated. Once the decision to investigate a grievance or complaint has been made, the ombudsman shall seek to determine whether the grievance or complaint is valid. In conducting his/her investigation, the ombudsman may speak to any person who may have information regarding the grievance or complaint. The purpose of the ombudsman's investigation shall be to alert the division to incidents which might impair the rights of youth under the jurisdiction of the division, and to provide recommendations for improvements in division policies and practices. The ombudsman's role shall be that of an investigator of youth rights, youth advocate and reporter. He/she shall promptly notify the facility or program director and the director of the office of the ombudsman, who shall in turn notify the appropriate agency officials of any incident which indicates that a serious violation of rights has occurred which could be the basis for disciplinary action and/or criminal prosecution against an employee or resident. The division, upon receipt of such notification from the ombudsman, shall review and determine the need for an independent investigation. The ombudsman shall not have the authority to initiate a disciplinary proceeding or to assume the role of prosecutor.