CHILDREN'S OMBUDSMAN                                                                    H.B. 4050 (H-2):

                                                                                                      FLOOR SUMMARY

House Bill 4050 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Kenneth Kurtz

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend the Children's Ombudsman Act to do the following:

-- Extend the Ombudsman's authority to cases in which a child might have died as a result of suspected abuse or neglect.

-- Delete provisions allowing the Ombudsman to review a departmental death review team study, and recommend policies, measures, or procedures to prevent future occurrences.

-- Allow the Ombudsman to release confidential information to a law enforcement agency, or a prosecuting attorney investigating a report of child abuse or neglect.

-- Allow the Ombudsman to release the results of his or her investigation if doing so were not related to and would not interfere with an ongoing law enforcement or Child Protective Services investigation.

-- Indicate that a provision authorizing the Ombudsman to request a subpoena from a court would apply beginning on the bill's effective date.

-- Delete provisions allowing the Ombudsman to investigate whether an adoption attorney might have committed an administrative act that violated the law or rules of professional conduct.

-- Include networks pertaining to juvenile delinquency in a provision requiring the Ombudsman to have access to departmental computer networks. 

The bill also would repeal an enacting section of a 2004 Public Act that purported to repeal the subsection authorizing the Ombudsman to request a subpoena.

MCL 722.925a et al.                                                   Legislative Analyst:  Glenn Steffens

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  5-9-13                                                     Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.