HOUSE BILL No. 6440

 

September 7, 2006, Introduced by Rep. David Law 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 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 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 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 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  

 

January 3, 2005 shall serve at the pleasure of the governor.