House Introduced Bill 5967

HOUSE BILL No. 5967

April 25, 2002, Introduced by Reps. Hager, Hart, Ehardt, Gilbert, Julian, Tabor, Vander Veen, Toy, Mortimer, Murphy, Van
Woerkom, Bernero, Birkholz, Richardville, Voorhees, Ruth Johnson, Pappageorge, Newell, Vear, Stamas, Gosselin, DeVuyst, Howell,
Bishop, Stewart, Jelinek, Cassis, Bisbee, Kuipers, DeRossett, Thomas, DeWeese, Hale and Lemmons and referred to the Committee on
Family and Children Services.

A bill to amend 1994 PA 204, entitled

"The children's ombudsman act,"

by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, and 12 (MCL 722.921, 722.922, 722.923, 722.924, 722.925,

722.926, 722.927, 722.928, 722.929, 722.930, 722.931, and

722.932); and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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TITLE

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An act to create the children's ombudsman ESTABLISH THE

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CHILD ADVOCATE OFFICE; AND to prescribe the powers and duties of

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the children's ombudsman CHILD ADVOCATE, certain state depart-

5
ments and officers, and certain county and private agencies serv-

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ing children. ; and to provide remedies from certain

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administrative acts.

05376'01 LAJ 2

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Sec. 1. This act shall be known and may be cited as "the

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children's ombudsman THE "CHILD ADVOCATE OFFICE act".

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Sec. 2. As used in this act:

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(a) "Administrative act" includes an action, omission,

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decision, recommendation, practice, or other procedure of the

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department of social services, an adoption attorney, or a child

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placing agency with respect to a particular child related to

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adoption, foster care, or protective services.

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(b) "Adoption attorney" means that term as defined in sec-

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tion 22 of the adoption code, being section 710.22 of the

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Michigan Compiled Laws.

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(c) "Adoption code" means chapter X of Act No. 288 of the

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Public Acts of 1939, being sections 710.21 to 710.70 of the

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Michigan Compiled Laws.

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(A) "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF 18.

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(B) "CHILD ADVOCATE" MEANS THE INDIVIDUAL APPOINTED TO THE

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OFFICE OF CHILD ADVOCATE UNDER SECTION 3.

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(C) (d) "Child placing agency" means an organization

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licensed or approved by the department of social services under

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Act No. 116 of the Public Acts of 1973, being sections 722.111 to

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722.128 of the Michigan Compiled Laws UNDER 1973 PA 116,

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MCL 722.111 TO 722.128, to receive children for placement in pri-

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vate family homes for foster care or adoption and to provide

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services related to adoption.

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(e) "Child" means an individual under the age of 18.

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(f) "Complainant" means an individual who makes a complaint

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as provided in section 5.

05376'01 3

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(D) (g) "Department" means the department of social

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services FAMILY INDEPENDENCE AGENCY.

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(h) "Foster parent" means an individual licensed by the

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department of social services under Act No. 116 of the Public

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Acts of 1973 to provide foster care to children.

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(i) "Official" means an official or employee of the depart-

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ment or a child placing agency.

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(j) "Ombudsman" means the children's ombudsman created in

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section 3.

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(E) "FOSTER CARE" MEANS CARE PROVIDED TO A JUVENILE IN A

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FOSTER FAMILY HOME, FOSTER FAMILY GROUP HOME, OR CHILD CARING

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INSTITUTION LICENSED OR APPROVED UNDER 1973 PA 116, MCL 722.111

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TO 722.128, OR CARE PROVIDED TO A JUVENILE IN A RELATIVE'S HOME

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UNDER A COURT ORDER.

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(F) "OFFICE" MEANS THE CHILD ADVOCATE OFFICE ESTABLISHED

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UNDER SECTION 3.

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Sec. 3. (1) As a means of monitoring and ensuring compli-

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ance with relevant statutes, rules, and policies pertaining to

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children's protective services and the placement, supervision,

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and treatment of children in foster care and adoptive homes, the

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children's ombudsman is created CHILD ADVOCATE OFFICE IS

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ESTABLISHED as an autonomous entity in the department of manage-

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ment and budget. The ombudsman shall exercise its powers and

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duties, including the functions of budgeting and procurement and

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other management-related functions, independently of the director

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of the department of management and budget. THE OFFICE OF CHILD

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ADVOCATE IS CREATED IN THE CHILD ADVOCATE OFFICE. AN INDIVIDUAL

05376'01 4

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APPOINTED AS CHILD ADVOCATE SERVES A TERM OF 5 YEARS AND HOLDS

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OFFICE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED.

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(2) The ombudsman shall be appointed by the governor and

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shall serve at the pleasure of the governor. THE GOVERNOR SHALL

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APPOINT AN INDIVIDUAL AS THE CHILD ADVOCATE, WITH THE ADVICE AND

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CONSENT OF THE SENATE, FROM A LIST OF NOT LESS THAN 3 INDIVIDUALS

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SUBMITTED TO THE GOVERNOR BY A COMMITTEE CONSISTING OF THE FOL-

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LOWING MEMBERS:

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(A) TWO ATTORNEYS APPOINTED BY THE STATE BAR OF MICHIGAN.

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(B) TWO JUDGES WHO ARE SERVING IN THE FAMILY DIVISION OF

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CIRCUIT COURT APPOINTED BY THE SUPREME COURT.

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(C) ONE PHYSICIAN APPOINTED BY THE MICHIGAN STATE MEDICAL

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SOCIETY.

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(D) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY

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THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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(E) ONE MEMBER OF THE SENATE APPOINTED BY THE SENATE MAJOR-

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ITY LEADER.

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(F) ONE PSYCHOLOGIST APPOINTED BY THE GOVERNOR.

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(G) ONE SOCIAL WORKER APPOINTED BY THE GOVERNOR.

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(H) ONE REPRESENTATIVE OF A CHILD PLACING AGENCY APPOINTED

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BY THE GOVERNOR.

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(I) ONE MEMBER OF THE GENERAL PUBLIC APPOINTED BY THE

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GOVERNOR.

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(J) ONE REPRESENTATIVE OF THE DEPARTMENT OF STATE POLICE

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APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE.

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(3) THE COMMITTEE ESTABLISHED UNDER SUBSECTION (2) SHALL

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RECOMMEND NOT LESS THAN 3 INDIVIDUALS TO THE GOVERNOR FOR

05376'01 5

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SELECTION AS THE CHILD ADVOCATE. THE COMMITTEE SHALL NOT

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RECOMMEND AN INDIVIDUAL UNLESS THE INDIVIDUAL IS BOTH OF THE

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FOLLOWING:

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(A) EITHER OF THE FOLLOWING:

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(i) A MEMBER OF THE STATE BAR OF MICHIGAN FOR NOT LESS THAN

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3 YEARS.

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(ii) AN ATTORNEY LICENSED IN GOOD STANDING IN ANOTHER STATE

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FOR NOT LESS THAN 3 YEARS WHO IS ELIGIBLE TO BE A MEMBER OF THE

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STATE BAR OF MICHIGAN.

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(B) QUALIFIED BY TRAINING AND EXPERIENCE TO PERFORM THE

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DUTIES AND EXERCISE THE POWERS OF THE CHILD ADVOCATE AND THE

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CHILD ADVOCATE OFFICE AS PROVIDED IN THIS ACT.

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Sec. 4. (1) The ombudsman INDEPENDENTLY FROM THE DEPART-

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MENT OF MANAGEMENT AND BUDGET AND FROM THE EXECUTIVE OFFICE OF

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THE GOVERNOR, THE CHILD ADVOCATE shall establish procedures FOR

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THE OFFICE for budgeting, expending funds MONEY, and employing

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personnel. Subject to annual appropriations, the ombudsman

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CHILD ADVOCATE shall employ sufficient personnel to carry out the

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duties and powers prescribed by this act.

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(2) The ombudsman CHILD ADVOCATE shall establish proce-

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dures for receiving and processing complaints from complainants

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THE PUBLIC, conducting investigations, holding INFORMAL hearings,

23
and reporting findings resulting from investigations.

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(3) IF THE SUBJECT MATTER OF A COMPLAINT FALLS WITHIN THE

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DUTIES AND POWERS OF THE CHILD ADVOCATE TO INVESTIGATE, ANY INDI-

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VIDUAL MAY SUBMIT THE COMPLAINT TO THE CHILD ADVOCATE. THE CHILD

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ADVOCATE HAS THE SOLE DISCRETION AND AUTHORITY TO DETERMINE IF A

05376'01 6

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COMPLAINT FALLS WITHIN HIS OR HER DUTIES AND POWERS TO

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INVESTIGATE. THE CHILD ADVOCATE MAY INITIATE AN INVESTIGATION

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WITHOUT RECEIVING A COMPLAINT. THE CHILD ADVOCATE DEFINES THE

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SCOPE, DURATION, AND ISSUES TO BE CONSIDERED AS PART OF THE

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INVESTIGATION.

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(4) THE CHILD ADVOCATE, ON HIS OR HER INITIATIVE, MAY INVES-

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TIGATE CASES IN WHICH THE DEPARTMENT DID NOT INVESTIGATE A

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REPORT. THE CHILD ADVOCATE, ON HIS OR HER OWN INITIATIVE, MAY

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INVESTIGATE A CASE IN WHICH THE DEPARTMENT CONDUCTED AN INVESTI-

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GATION BUT DID NOT CLASSIFY THE CASE AS A CENTRAL REGISTRY CASE

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AS DEFINED IN SECTION 2 OF THE CHILD PROTECTIVE LAW ACT, 1975

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PA 238, MCL 722.622.

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Sec. 5. All of the following individuals may make a com-

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plaint to the ombudsman with respect to a particular child,

15
alleging that an administrative act is contrary to law, rule, or

16
policy, imposed without an adequate statement of reason, or based

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on irrelevant, immaterial, or erroneous grounds:

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(a) The child, if he or she is able to articulate a

19
complaint.

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(b) A biological parent of the child.

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(c) A foster parent of the child.

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(d) An adoptive parent or a prospective adoptive parent of

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the child.

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(e) A legally appointed guardian of the child.

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(f) A guardian ad litem of the child.

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(g) An adult who is related to the child within the fifth

27
degree by marriage, blood, or adoption, as defined in section 22

05376'01 7

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of the adoption code, being section 710.22 of the Michigan

2
Compiled Laws.

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(h) A Michigan legislator.

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(i) An attorney for any individual described in subpara-

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graphs (a) to (g). THE CHILD ADVOCATE SHALL DO ALL OF THE

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FOLLOWING:

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(A) TAKE THE STEPS NECESSARY TO PROTECT THE RIGHTS AND WEL-

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FARE OF EACH CHILD SUBJECT TO THE JURISDICTION AND CONTROL OF THE

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DEPARTMENT, THE MICHIGAN CHILDREN'S INSTITUTE, THE FAMILY DIVI-

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SION OF CIRCUIT COURT, ANOTHER STATE AGENCY, OR A CHILD PLACING

11
AGENCY.

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(B) PURSUE ALL NECESSARY LEGAL ACTION TO SAFEGUARD THE WEL-

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FARE OF A CHILD WHO IS SUBJECT TO THE JURISDICTION, CONTROL, OR

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SUPERVISION OF THE MICHIGAN CHILDREN'S INSTITUTE OR ANOTHER STATE

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AGENCY AND WITH WHOM THE CHILD ADVOCATE IS INVOLVED.

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(C) PURSUE ALL POSSIBLE LEGISLATIVE ADVOCACY ON BEHALF OF

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CHILDREN WHO ARE AT RISK FOR ABUSE AND NEGLECT.

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(D) REVIEW POLICIES AND PROCEDURES RELATING TO THE

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DEPARTMENT'S INVOLVEMENT WITH CHILDREN AND MAKE RECOMMENDATIONS

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FOR IMPROVEMENT.

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(E) REVIEW AND INVESTIGATE, BASED ON A COMPLAINT FROM THE

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PUBLIC OR ON THE CHILD ADVOCATE'S OWN INITIATIVE, THE SITUATION

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OF A CHILD WHO MAY BE ABUSED OR NEGLECTED.

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(F) INVESTIGATE EACH CHILD'S DEATH THAT MAY HAVE RESULTED

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FROM ABUSE OR NEGLECT.

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Sec. 6. The ombudsman CHILD ADVOCATE may do all of the

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following IN RELATION TO A CHILD WHO MAY BE ABUSED OR NEGLECTED:

05376'01 8

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(a) Upon its own initiative or upon receipt of a

2
complaint, from a complainant, investigate an administrative

3
act OR OMISSION that is alleged to be contrary to law or rule,

4
or contrary to policy of the department or a child placing

5
agency, imposed without an adequate statement of reason, or based

6
on irrelevant, immaterial, or erroneous grounds.

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(b) Decide, in its discretion, whether to investigate a

8
complaint.

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(c) Upon its own initiative or upon receipt of a

10
complaint, from a complainant, conduct a preliminary CONDUCT AN

11
investigation to determine whether an adoption attorney

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INVOLVED IN AN ADOPTION may have committed an administrative

13
act OR OMISSION that is alleged to be contrary to law, rule, or

14
the Michigan rules of professional conduct adopted by the

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Michigan supreme court.

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(D) IN THE SOLE DISCRETION OF THE CHILD ADVOCATE, ACCESS,

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INSPECT, AND COPY ALL RECORDS AND REPORTS NECESSARY TO CARRY OUT

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THE CHILD ADVOCATE'S DUTIES AND POWERS, INCLUDING, BUT NOT

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LIMITED TO, RECORDS OF THE DEPARTMENT, CHILD PLACING AGENCY

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RECORDS, FAMILY COURT RECORDS INCLUDING THOSE OTHERWISE MADE CON-

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FIDENTIAL BY LAW, MEDICAL RECORDS, MEDICAL EXAMINER RECORDS,

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MENTAL HEALTH RECORDS, AND SCHOOL RECORDS. TO THE EXTENT THESE

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RECORDS ARE MADE CONFIDENTIAL BY LAW, THE RULES OF CONFIDENTIAL-

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ITY ARE ABROGATED TO THE EXTENT THAT THEY ARE ABROGATED BY SEC-

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TION 11 OF THE CHILD PROTECTION LAW ACT, 1975 PA 238,

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MCL 722.631.

05376'01 9

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(E) ISSUE A SUBPOENA REQUIRING THE PRODUCTION OF A RECORD OR

2
REPORT NECESSARY TO CARRY OUT THE CHILD ADVOCATE'S DUTIES AND

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POWERS. IF THE PERSON TO WHOM A SUBPOENA IS ISSUED FAILS OR

4
REFUSES TO PRODUCE THE RECORD OR REPORT, THE CHILD ADVOCATE MAY

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PETITION THE COURT FOR ENFORCEMENT OF THE SUBPOENA.

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(F) (d) Hold informal hearings and request that individu-

7
als appear before the ombudsman CHILD ADVOCATE and give testi-

8
mony or produce documentary or other evidence that the

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ombudsman CHILD ADVOCATE considers relevant to a matter under

10
investigation. THE CHILD ADVOCATE MAY ISSUE A SUBPOENA REQUIRING

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AN INDIVIDUAL TO APPEAR AT AN INFORMAL HEARING. IF THE PERSON TO

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WHOM A SUBPOENA IS ISSUED FAILS OR REFUSES TO APPEAR AT THE HEAR-

13
ING, THE CHILD ADVOCATE MAY PETITION THE COURT FOR ENFORCEMENT OF

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THE SUBPOENA.

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(G) (e) Make recommendations to the governor and the leg-

16
islature concerning the need for CHILDREN'S protective services,

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adoption, or foster care legislation, POLICY, OR PRACTICE WITHOUT

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PRIOR REVIEW BY OTHER OFFICES IN THE EXECUTIVE BRANCH.

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Sec. 7. (1) Upon rendering a decision DECIDING to inves-

20
tigate a complaint, from a complainant, the ombudsman THE CHILD

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ADVOCATE shall notify the complainant COMPLAINING INDIVIDUAL of

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the decision to investigate and shall notify the department,

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adoption attorney, or child placing agency of the intention to

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investigate. If the ombudsman CHILD ADVOCATE declines to

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investigate a complaint or continue an investigation, the

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ombudsman CHILD ADVOCATE shall notify the complainant

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COMPLAINING INDIVIDUAL and the department, adoption attorney,

05376'01 10

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or child placing agency of the decision and of the reasons for

2
the ombudsman's CHILD ADVOCATE'S action.

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(2) If the preliminary AN investigation described in sec-

4
tion 6 leads the ombudsman CHILD ADVOCATE to believe that the

5
matter may involve misconduct by an adoption attorney, the

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ombudsman CHILD ADVOCATE shall immediately refer the complaint

7
to the attorney grievance commission of the state bar of

8
Michigan.

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(3) The ombudsman CHILD ADVOCATE may advise a

10
complainant COMPLAINING INDIVIDUAL to pursue all administrative

11
remedies or channels of complaint open to the complainant

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INDIVIDUAL before pursuing a complaint with the ombudsman CHILD

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ADVOCATE. Subsequent to the administrative processing of a com-

14
plaint, the ombudsman CHILD ADVOCATE may conduct further inves-

15
tigations of any A complaint upon the request of the

16
complainant or upon the ombudsman's own initiative COMPLAINING

17
INDIVIDUAL.

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(4) If the ombudsman CHILD ADVOCATE finds in the course of

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an investigation that an individual's action is in violation of

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state or federal criminal law, the ombudsman CHILD ADVOCATE

21
shall immediately report that fact to the county prosecutor or

22
the attorney general. If the complaint is against a child plac-

23
ing agency, the ombudsman CHILD ADVOCATE shall refer the matter

24
to the department of social CONSUMER AND INDUSTRY services for

25
further action with respect to licensing.

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(5) The ombudsman may file a petition on behalf of a child

27
requesting the court to take jurisdiction under section 2(b) of

05376'01 11

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chapter XIIA of Act No. 288 of the Public Acts of 1939, being

2
section 712A.2 of the Michigan Compiled Laws, or a petition for

3
termination of parental rights under section 19b of chapter XIIA

4
of Act No. 288 of the Public Acts of 1939, being section 712A.19b

5
of the Michigan Compiled Laws, if the ombudsman is satisfied that

6
the complainant has contacted the department, the prosecuting

7
attorney, the child's attorney, and the child's guardian ad

8
litem, if any, and that none of these persons intend to file a

9
petition as described in this subsection. THE CHILD ADVOCATE MAY

10
TAKE ANY LEGAL ACTION THAT HE OR SHE CONSIDERS APPROPRIATE TO

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PROTECT AN INDIVIDUAL CHILD OR THE WELFARE OF THIS STATE'S ABUSED

12
AND NEGLECTED CHILDREN AS A CLASS.

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Sec. 8. (1) The department and a child placing agency shall

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do all of the following:

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(a) Upon the ombudsman's CHILD ADVOCATE'S request, grant

16
the ombudsman CHILD ADVOCATE or its HIS OR HER designee

17
access to all relevant information, records, and documents in

18
the possession of the department or child placing agency that the

19
ombudsman CHILD ADVOCATE considers RELEVANT AND necessary in an

20
investigation.

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(b) Assist the ombudsman CHILD ADVOCATE to obtain the nec-

22
essary releases of those documents that are specifically

23
restricted.

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(c) Provide the ombudsman CHILD ADVOCATE upon request with

25
progress reports concerning the administrative processing of a

26
complaint.

05376'01 12

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(D) UPON THE CHILD ADVOCATE'S REQUEST, PROVIDE THE CHILD

2
ADVOCATE INFORMATION HE OR SHE REQUESTS WITHIN 5 BUSINESS DAYS

3
AFTER THE DATE OF REQUEST. THE ATTORNEY GENERAL MAY TAKE APPRO-

4
PRIATE ACTION TO REQUIRE THAT THE INFORMATION REQUESTED BE PRO-

5
VIDED TO THE CHILD ADVOCATE. FAILURE TO COMPLY WITH REQUESTS FOR

6
INFORMATION WHICH IMPEDES AN INVESTIGATION IS A MISDEMEANOR

7
SUBJECT TO A FINE OF $500.00.

8
(2) The department, an adoption attorney INVOLVED WITH AN

9
ADOPTION, and a child placing agency shall provide information to

10
a biological parent, prospective adoptive parent, or foster

11
parent regarding the provisions of this act.

12
(3) THE DEPARTMENT SHALL PROVIDE THE CHILD ADVOCATE WITH

13
ACCESS, IN THE CHILD ADVOCATE'S OWN OFFICE, TO DEPARTMENTAL COM-

14
PUTER NETWORKS WHERE CHILD ABUSE AND NEGLECT RECORDS ARE KEPT.

15
Sec. 9. (1) The ombudsman shall treat all matters under

16
investigation, including the identities of recipients or individ-

17
uals from whom information is acquired, as confidential, except

18
so far as disclosures may be necessary to enable the ombudsman to

19
perform the duties of the office and to support any recommenda-

20
tions resulting from an investigation. A record of the office of

21
the ombudsman is confidential, shall be used only for purposes

22
set forth in this act, and is not subject to court subpoena. A

23
record of the office of the ombudsman is exempt from disclosure

24
under the freedom of information act, Act No. 442 of the Public

25
Acts of 1976, being sections 15.231 to 15.246 of the Michigan

26
Compiled Laws. SUBJECT TO SUBSECTION (2), ALL INFORMATION

27
OBTAINED OR GENERATED BY THE OFFICE OF THE CHILD ADVOCATE IS

05376'01 13

1
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF

2
INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, IS NOT

3
SUBJECT TO A COURT SUBPOENA, AND IS NOT DISCOVERABLE IN A LEGAL

4
PROCEEDING.

5
(2) THE CHILD ADVOCATE MAY DISCLOSE CONFIDENTIAL INFORMATION

6
OBTAINED OR GENERATED BY THE OFFICE OF THE CHILD ADVOCATE THAT IS

7
OTHERWISE EXEMPT FROM DISCLOSURE IF THE CHILD ADVOCATE DETERMINES

8
THAT THE DISCLOSURE IS IN THE GENERAL PUBLIC INTEREST OR IS NEC-

9
ESSARY TO ENABLE THE CHILD ADVOCATE TO PERFORM HIS OR HER RESPON-

10
SIBILITIES UNDER THIS ACT. IF THE CHILD ADVOCATE DETERMINES THAT

11
DISCLOSURE OF INFORMATION IS NECESSARY TO IDENTIFY, PREVENT, OR

12
TREAT THE ABUSE OR NEGLECT OF A CHILD, THE CHILD ADVOCATE MAY

13
DISCLOSE THAT INFORMATION TO THE APPROPRIATE AGENCY RESPONSIBLE

14
FOR THE WELFARE OF THE CHILD. HOWEVER, THE CHILD ADVOCATE MAY

15
NOT DISCLOSE INFORMATION THAT IS CONFIDENTIAL AND THAT CONCERNS A

16
PENDING LAW ENFORCEMENT INVESTIGATION OR A PENDING PROSECUTION.

17
Sec. 10. (1) The ombudsman CHILD ADVOCATE shall prepare a

18
report of the FACTUAL findings of an investigation and make rec-

19
ommendations to the department or child placing agency if the

20
ombudsman CHILD ADVOCATE finds 1 or more of the following:

21
(a) A matter should be further considered by the department

22
or child placing agency.

23
(b) An administrative act OR OMISSION should be modified,

24
or canceled, OR CORRECTED.

25
(c) Reasons should be given for an administrative act OR

26
OMISSION.

05376'01 14

1
(d) Other action should be taken by the department or child

2
placing agency.

3
(2) Before announcing a conclusion or recommendation that

4
expressly or by implication criticizes an individual, the depart-

5
ment, or a child placing agency, the ombudsman shall consult with

6
that individual, the department, or the child placing agency.

7
When publishing an opinion adverse to the department or child

8
placing agency, the ombudsman shall include in the publication

9
any statement of reasonable length made to the ombudsman by the

10
department or child placing agency in defense or mitigation of

11
the action. The ombudsman may request to be notified by the

12
department or child placing agency, within a specified time, of

13
any action taken on any recommendation presented.

14
(2) (3) The ombudsman CHILD ADVOCATE shall notify the

15
complainant COMPLAINING INDIVIDUAL of the actions taken by the

16
ombudsman CHILD ADVOCATE and by the department or child placing

17
agency.

18
(4) The ombudsman shall provide the complainant with a copy

19
of its recommendations on a complaint.

20
(3) THE CHILD ADVOCATE MAY PROVIDE THE COMPLAINING INDIVID-

21
UAL WITH A COPY OF THE CHILD ADVOCATE'S RECOMMENDATIONS IN

22
RESPONSE TO A COMPLAINT. SUBJECT TO SECTION 9, THE CHILD ADVO-

23
CATE HAS DISCRETION TO DETERMINE WHAT CONFIDENTIAL INFORMATION

24
SHALL BE PROVIDED TO THE COMPLAINING INDIVIDUAL.

25
(4) (5) The ombudsman CHILD ADVOCATE shall submit to the

26
governor, the director of the department, and the legislature an

27
annual report on the conduct of the ombudsman CHILD ADVOCATE,

05376'01 15

1
including any recommendations regarding the need for legislation

2
or for change in rules or policies.

3
Sec. 11. (1) An official, the department, or a child plac-

4
ing agency shall not penalize any person for filing a complaint

5
or cooperating with the ombudsman CHILD ADVOCATE in investigat-

6
ing a complaint.

7
(2) An individual, the department, an adoption attorney

8
INVOLVED IN AN ADOPTION, or a child placing agency shall not

9
hinder the lawful actions of the ombudsman CHILD ADVOCATE or

10
employees of the ombudsman CHILD ADVOCATE.

11
(3) A REPORT BY THE CHILD ADVOCATE IS NOT SUBJECT TO REVIEW

12
BY A PERSON OUTSIDE OF THE OFFICE.

13
Sec. 12. The authority granted the ombudsman CHILD

14
ADVOCATE under this act is in addition to the authority granted

15
under the provisions of any other act or rule under which the

16
remedy or right of appeal or objection is provided for a person,

17
or any procedure provided for the inquiry into or investigation

18
of any matter. The authority granted the ombudsman CHILD

19
ADVOCATE does not limit or affect the remedy or right of appeal

20
or objection and is not an exclusive remedy or procedure.

21
Enacting section 1. Sections 13, 14, and 15 of the

22
children's ombudsman act, 1994 PA 204, MCL 722.933, 722.934, and

23
722.935, are repealed.

05376'01 Final page. LAJ