Michigan Laws 722.930 – Report of findings; recommendations; consultation with individual, department, child placing agency, or residential facility; publication of adverse opinion; notice of actions; information provid
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Terms Used In Michigan Laws 722.930
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption attorney, a child placing agency, or a residential facility, with respect to a particular child related to adoption, foster care, protective services, or juvenile justice services. See Michigan Laws 722.922
- advocate: means the individual appointed to the office of child advocate under section 3. See Michigan Laws 722.922
- Child: means an individual under the age of 18. See Michigan Laws 722.922
- Child placing agency: means an organization licensed or approved by the department to receive children for placement in private family homes for foster care or adoption and to provide services related to adoption. See Michigan Laws 722.922
- Complainant: means an individual who makes a complaint as provided in section 5. See Michigan Laws 722.922
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of health and human services. See Michigan Laws 722.922
- Investigation: means either a preliminary investigation or a full investigation. See Michigan Laws 722.922
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means the office of the child advocate established under section 3. See Michigan Laws 722.922
- Residential facility: means a facility that provides juvenile justice services and is state operated, county operated, public, private and contracted, secure, or nonsecure. See Michigan Laws 722.922
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The child advocate must prepare a report of the factual findings of an investigation and make recommendations to the department, the child placing agency, or the residential facility if the child advocate finds 1 or more of the following:
(a) A matter should be further considered by the department, the child placing agency, or the residential facility.
(b) An administrative act or omission should be modified, canceled, or corrected.
(c) Reasons should be given for an administrative act or omission.
(d) Other action should be taken by the department, the child placing agency, or the residential facility.
(2) Before announcing a conclusion or recommendation that expressly or by implication criticizes an individual, the department, a child placing agency, or a residential facility, the child advocate must consult with that individual, the department, the child placing agency, or the residential facility. When publishing an opinion adverse to the department, child placing agency, or residential facility, the child advocate must include in the publication any statement of reasonable length made to the child advocate by the department, child placing agency, or residential facility in defense or mitigation of the action. The child advocate may request to be notified by the department, child placing agency, or residential facility, within a specified time, of any action taken on any recommendation presented.
(3) The child advocate must notify the complainant of the actions taken by the child advocate and by the department, child placing agency, or residential facility.
(4) The child advocate may provide to the complainant the following information:
(a) A copy of the child advocate’s report regarding the investigation’s findings, recommendations to the department made according to the investigation, the department’s response to the child advocate’s findings and recommendations, and any epilogue to the child advocate’s report and the department’s response.
(b) Information that has otherwise been made public.
(5) The child advocate shall not release information to the individual making the complaint that will endanger the health or welfare of a child or another individual.
(6) With respect to a child fatality case investigated under section 6(2) and upon review of records or other information received under section 6(1)(c) or (d), in the course of a child fatality investigation, if there is no ongoing child protection proceeding involving a sibling of the child who died, the child advocate must provide any necessary recommendations for improving systemic issues that are discovered during the investigation of the child fatality. The recommendations may be provided to the court of jurisdiction, the state court administrative office, the county child fatality review team, medical professionals, law enforcement, or attorneys or other legal professionals involved with the particular child who died. The recommendations must also be summarized and included in the annual report referenced in subsection (7).
(7) The child advocate must submit to the governor, the director of the department, and the legislature an annual report on the child advocate’s conduct, including any recommendations regarding the need for legislation or for change in rules or policies.