SENATE SUBSTITUTE FOR

HB-4650, As Passed Senate, December 16, 2014

HOUSE BILL NO. 4650

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), section 2 as amended by 2004 PA 560, section 5a as

amended by 2013 PA 38, and section 6 as amended by 2014 PA 243.

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.

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) "Foster parent's bill of rights law" means the foster

parent's bill of rights law created in section 8a of the foster

care and adoption services act, 1994 PA 203, MCL 722.958a.

(p) ~~(o)~~ "Office" means the children's ombudsman office

established under section 3.

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.

department's involvement with children and make recommendations for

improvement.

(d) Subject to an appropriation of funds, commence and conduct

investigations into alleged violations of the foster parent's bill

of rights law.

Sec. 6. (1) The ombudsman may do all of the following in

relation to a child who may be a victim of child abuse or child

neglect, including a child who may have died as a result of

suspected 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.

complaint and subject to an appropriation of funds, investigate an

alleged violation of the foster parent's bill of rights law.

(d) ~~(c)~~ 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, 1974 PA

258, MCL 330.1748a, subject to section 9. The ombudsman may request

substance use disorder records if the ombudsman obtains a valid

consent or a court order under 42 CFR part 2. 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. In the

course of a child fatality investigation, the ombudsman may access

records from the court of jurisdiction, attorney general,

prosecuting attorney, or any attorney retained by the department

and reports from a county child fatality review team to the same

extent and in the same manner as provided to the department under

state law.

(e) ~~(d)~~ Request a subpoena from a court requiring the

production of a record or report necessary to carry out the

ombudsman's duties and powers, including a child fatality

investigation. 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) ~~(e)~~ 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) ~~(f)~~ 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. No other office, department, or agency shall

prohibit the release of an ombudsman's recommendation to the

governor or the legislature.

(2) The ombudsman shall investigate all child fatality cases

that occurred or are alleged to have occurred due to child abuse or

child neglect in the following situations:

(a) A child died during an active child protective services

investigation or open services case, or there was an assigned or

rejected child protective services complaint within 24 months

immediately preceding the child's death.

(b) A child died while in foster care, unless the death

resulted from natural causes and there were no prior child

protective services or licensing complaints concerning the foster

home.

active foster care case.

(d) The foster care case involving the deceased child or

sibling was closed within 24 months immediately preceding the

child's death.

(3) Subject to state appropriations, an investigation under

subsection (2) shall be completed within 12 months after the

ombudsman opens a child fatality case for investigation.

Enacting section 1. This amendatory act takes effect October

1, 2014.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4649 of the 97th Legislature is enacted into

law.