Michigan Laws 722.926 – Victim of child abuse or child neglect; powers of children’s ombudsman; child fatality cases; investigation
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Terms Used In Michigan Laws 722.926
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption attorney, or a child placing agency with respect to a particular child related to adoption, foster care, or protective services. See Michigan Laws 722.922
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Child protection law: means the child protection law, 1975 PA 238, MCL 722. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foster care: means care provided to a child in a foster family home, foster family group home, or child caring institution licensed by the department under 1973 PA 116, MCL 722. See Michigan Laws 722.922
- Full investigation: means an act of fact finding, document review, or systematic inquiry or examination that occurs after the completion of a preliminary investigation. 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 children's ombudsman office established under section 3. See Michigan Laws 722.922
- ombudsman: means the individual appointed to the office of children's ombudsman under section 3. See Michigan Laws 722.922
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Preliminary investigation: means an act of fact finding, document review, or systematic inquiry or examination to determine if there is a correlation between an administrative act and the death of a child or to determine if a trend or systematic issue is identified that would cause the ombudsman to open a full investigation. 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
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The ombudsman may do all of the following in relation to a child who may be a victim of child abuse or child neglect, including a child who may have died as a result of suspected child abuse or child neglect:
(a) Upon his or her own initiative or upon receipt of a complaint, investigate an administrative act that is alleged to be contrary to law or rule, contrary to policy of the department or a child placing agency, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds. The ombudsman has sole discretion to determine if a complaint involves an administrative act.
(b) Decide, in his or her discretion, whether to investigate an administrative act.
(c) Upon his or her own initiative or upon receipt of a complaint and subject to an appropriation of funds, investigate an alleged violation of the foster parent’s bill of rights law.
(d) Except as otherwise provided in this subdivision, access records and reports necessary to carry out the ombudsman’s powers and duties under this act to the same extent and in the same manner as provided to the department under the provisions of the child protection law. The ombudsman must be provided access to medical records in the same manner as access is provided to the department under section 16281 of the public health code, 1978 PA 368, MCL 333.16281. The ombudsman shall be provided access to mental health records in the same manner as access is provided to the department in section 748a of the mental health code, 1974 PA 258, MCL 330.1748a, subject to section 9. The ombudsman may request substance use disorder records if the ombudsman obtains a valid consent or a court order under 42 C.F.R. part 2. The ombudsman is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions for unauthorized release of information as the department. In the course of a child fatality investigation, the ombudsman may access records from the court of jurisdiction, attorney general, prosecuting attorney, or any attorney retained by the department and reports from a county child fatality review team to the same extent and in the same manner as provided to the department under state law.
(e) Request a subpoena from a court requiring the production of a record or report necessary to carry out the ombudsman’s duties and powers, including a child fatality investigation. If the person to whom a subpoena is issued fails or refuses to produce the record or report, the ombudsman may petition the court for enforcement of the subpoena.
(f) Hold informal hearings and request that individuals appear before the ombudsman and give testimony or produce documentary or other evidence that the ombudsman considers relevant to a matter under investigation.
(g) Make recommendations to the governor and the legislature concerning the need for children’s protective services, adoption, or foster care legislation, policy, or practice without prior review by other offices, departments, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office, department, or agency shall prohibit the release of an ombudsman’s recommendation to the governor or the legislature.
(2) The ombudsman shall conduct a preliminary investigation into all child fatality cases that occurred or are alleged to have occurred due to child abuse or child neglect in 1 or more of the following situations:
(a) A child died during an active child protective services investigation or open services case, or there was an assigned or rejected child protective services complaint within 24 months immediately preceding the child’s death.
(b) A child died while in foster care, unless the death resulted from natural causes and there was not a previous child protective services or licensing complaint concerning the foster home.
(c) A child was returned home from foster care and there is an active foster care case.
(d) The foster care case involving the deceased child or sibling was closed within 24 months immediately preceding the child’s death.
(3) Upon completing a preliminary investigation into a child fatality case described under subsection (2), the ombudsman shall determine whether a full investigation is necessary. If the ombudsman determines a full investigation is necessary, he or she shall open a full investigation into the child fatality case described under subsection (2).
(4) Subject to state appropriations, a full investigation under subsection (3) must be completed within 12 months after the ombudsman opens that child fatality case for a full investigation.