STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. David Law

ENROLLED HOUSE BILL No. 6440

AN ACT to amend 1994 PA 204, entitled "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; and to provide remedies from certain administrative acts," 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; to prescribe the powers and duties of the children's ombudsman, certain state departments and officers, 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 legislative council shall appoint an individual as the ombudsman. 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 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 legislative council shall report the reason for the removal to the legislature.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor