Bill Text: MI HB4650 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Children; other; children's ombudsman to investigate violations of resource families bill of rights law; require. Amends secs. 2, 5a & 6 of 1994 PA 204 (MCL 722.922 et seq.). TIE BAR WITH: HB 4649'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 455'14 With Immediate Effect 2014 Addenda [HB4650 Detail]
Download: Michigan-2013-HB4650-Introduced.html
HOUSE BILL No. 4650
April 30, 2013, Introduced by Rep. Glardon and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1994 PA 204, entitled
"The children's ombudsman act,"
by amending sections 2, 5a, and 6 (MCL 722.922, 722.925a, and
722.926), sections 2 and 6 as amended and section 5a as added by
2004 PA 560.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Administrative act" includes an action, omission,
decision, recommendation, practice, or other procedure of the
department, an adoption attorney, or a child placing agency with
respect to a particular child related to adoption, foster care, or
protective services.
(b) "Adoption attorney" means that term as defined in section
22 of the adoption code, MCL 710.22.
(c) "Adoption code" means the Michigan adoption code, chapter
X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.
(d) "Central registry" means that term as defined in section 2
of the child protection law, MCL 722.622.
(e) "Child" means an individual under the age of 18.
(f) "Child abuse" and "child neglect" mean those terms as
defined in section 2 of the child protection law, MCL 722.622.
(g) "Child caring institution" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(h) "Child placing agency" means an organization licensed or
approved by the department to receive children for placement in
private family homes for foster care or adoption and to provide
services related to adoption.
(i) "Complainant" means an individual who makes a complaint as
provided in section 5.
(j) "Child protection law" means the child protection law,
1975 PA 238, MCL 722.621 to 722.638.
(k) "Children's ombudsman" or "ombudsman" means the individual
appointed to the office of children's ombudsman under section 3.
(l) "Closed session" means that term as defined in section 2 of
the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275.MCL
15.262.
(m)
"Department" means the family independence agency
department of human services.
(n) "Foster care" means care provided to a child in a foster
family home, foster family group home, or child caring institution
licensed or approved by the department under 1973 PA 116, MCL
722.111 to 722.128, or care provided to a child in a relative's
home under a court order.
(o) "Office" means the children's ombudsman office established
under section 3.
(p) "Resource families bill of rights law" means the resource
families bill of rights law created in section 8a of the foster
care and adoption services act, 1994 PA 203, MCL 722.958a.
Sec. 5a. The children's ombudsman has the authority to do all
of the following:
(a) Pursue all necessary action, including, but not limited
to, legal action, to protect the rights and welfare of a child
under the jurisdiction, control, or supervision of the department,
the Michigan children's institute, the family division of circuit
court under section 2(a)(1) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2, a child caring institution, or a
child placing agency.
(b) Pursue legislative advocacy in the best interests of
children.
(c) Review policies and procedures relating to the
department's involvement with children and make recommendations for
improvement.
(d) Review each departmental death review team study in which
the child's death may have resulted from child abuse or child
neglect. As a result of the reviews, the ombudsman may recommend
policies, measures, or procedures to prevent future similar
occurrences.
(e) Commence and conduct investigations into alleged
violations of the resource families bill of rights law.
Sec. 6. The ombudsman may do all of the following in relation
to a child who may be a victim of child abuse or child neglect:
(a) Upon his or her own initiative or upon receipt of a
complaint, investigate an administrative act that is alleged to be
contrary to law or rule, contrary to policy of the department or a
child placing agency, imposed without an adequate statement of
reason, or based on irrelevant, immaterial, or erroneous grounds.
The ombudsman has sole discretion to determine if a complaint
involves an administrative act.
(b) Decide, in his or her discretion, whether to investigate
an administrative act.
(c) Upon its own initiative or upon receipt of a complaint
from a complainant, conduct a preliminary investigation to
determine whether an adoption attorney may have committed an
administrative act that is alleged to be contrary to law, rule, or
the Michigan rules of professional conduct adopted by the Michigan
supreme court.
(d) Upon his or her own initiative or upon receipt of a
complaint, investigate an alleged violation of the resource
families bill of rights law.
(e) (d)
Except as otherwise provided in
this subdivision,
access records and reports necessary to carry out the ombudsman's
powers and duties under this act to the same extent and in the same
manner as provided to the department under the provisions of the
child protection law. The ombudsman shall be provided access to
medical records in the same manner as access is provided to the
department under section 16281 of the public health code, 1978 PA
368, MCL 333.16281. The ombudsman shall be provided access to
mental health records in the same manner as access is provided to
the department in section 748a of the mental health code, 1978 PA
258, MCL 330.1748a, subject to section 9. The ombudsman is subject
to the same standards for safeguarding the confidentiality of
information under this section and the same sanctions for
unauthorized release of information as the department.
(e)
Request a subpoena from a court requiring the production
of
a record or report necessary to carry out the ombudsman's duties
and
powers. If the person to whom a subpoena is issued fails or
refuses
to produce the record or report, the ombudsman may petition
the
court for enforcement of the subpoena.
(f) Hold informal hearings and request that individuals appear
before the ombudsman and give testimony or produce documentary or
other evidence that the ombudsman considers relevant to a matter
under investigation.
(g) Make recommendations to the governor and the legislature
concerning the need for children's protective services, adoption,
or foster care legislation, policy, or practice without prior
review by other offices, departments, or agencies in the executive
branch in order to facilitate rapid implementation of
recommendations or for suggested improvements to the
recommendations.
However, no No other office, department, or agency
shall prohibit the release of an ombudsman's recommendation to the
governor or the legislature.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. 4649(request no.
00065'13) of the 97th Legislature is enacted into law.
