HB-6440, As Passed House, September 20, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6440

     A bill to amend 1994 PA 204, entitled

"The children's ombudsman act,"

by amending the title and section 3 (MCL 722.923), as amended by

2004 PA 560.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to establish the children's ombudsman office;  and to

prescribe the powers and duties of the children's ombudsman,

certain state departments and officers,  and certain county and

private agencies serving children, certain other persons and

agencies, and the legislative council; and to provide remedies from

certain administrative acts.

     Sec. 3. (1) As a means of effecting changes in policy,

procedure, and legislation, educating the public, investigating and

reviewing actions of the department, child placing agencies, or

child caring institutions, monitoring and ensuring compliance with

relevant statutes, rules, and policies pertaining to children's

protective services and the placement, supervision, treatment, and

improving delivery of care of children in foster care and adoptive

homes, the children's ombudsman is established as an autonomous

entity in the department of management and budget. Effective

October 1, 2007, the office of the children's ombudsman is

transferred to the legislative council as an autonomous entity.

     (2) The  governor  legislative council shall appoint an

individual as the ombudsman.  , with the advice and consent of the

senate. The individual shall be qualified by training and

experience to perform the duties and exercise the powers of the

children's ombudsman and the children's ombudsman office as

provided in this act.

     (3) The  governor  legislative council may remove the

children's ombudsman from office for cause that includes, but is

not limited to, incompetency to properly exercise duties, official

misconduct, habitual or willful neglect of duty, or other

misfeasance or malfeasance in connection with the operation of the

office of the children's ombudsman. The  governor  legislative

council shall report the reason for the removal to the legislature.

     (4) The children's ombudsman serving in office on the

effective date of the amendatory act that added this subsection

shall serve at the pleasure of the governor.