Mich. Comp. Laws § 722.921
Short title.
This act may be cited as the "office of the child advocate act".
Michigan Compiled Laws — OFFICE OF THE CHILD ADVOCATE ACT (Act 204 of 1994)
Michigan · statute · 204 of 1994, Mich. Comp. Laws · 13 active provisions
Mich. Comp. Laws § 722.922
Definitions.
As used in this act: (a) "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 juve…
Mich. Comp. Laws § 722.923
Office of the child advocate; establishment; appointment; removal.
(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, child caring institutions, or residential facilities, monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining…
Mich. Comp. Laws § 722.924
Procedures; training; complaint; investigation; notification of safety concerns.
(1) The child advocate shall establish procedures for the office for budgeting, expending money, and employing personnel according to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Subject to annual appropriations, the child advocate must employ sufficient personnel to carry out the duties and powe…
Mich. Comp. Laws § 722.925
Individuals making complaint to child advocate.
All of the following individuals may make a complaint to the child advocate with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds: (a) The child, if he or she…
Mich. Comp. Laws § 722.925a
Child advocate; powers.
The child advocate is authorized to do all of the following: (a) Pursue all necessary action, including, but not limited to, legal action, to protect the rights and welfare of a child under the jurisdiction, control, or supervision of the department, the Michigan children's institute, the family division of circuit cou…
Mich. Comp. Laws § 722.926
Victim of child abuse or child neglect; powers of child advocate; child fatality cases; investigation.
(1) The child advocate 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 t…
Mich. Comp. Laws § 722.927
Decision to investigate; notice; pursuing administrative remedies or channels of complaint; further investigation; violation of state or federal criminal law; complaint against child placing agency; petition requesting court jurisdiction or termination of parental rights.
(1) Upon deciding to investigate a complaint, from a complainant and an individual not meeting the definition of complainant, the child advocate must notify the complainant or the individual not meeting the definition of complainant of the decision to investigate and must notify the department, adoption attorney, child…
Mich. Comp. Laws § 722.928
Department, child placing agency, and residential facility; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks.
(1) The department, a child placing agency, and a residential facility must do all of the following: (a) Upon the child advocate's request, grant the child advocate or his or her designee access to all information, records, and documents in the possession of the department, child placing agency, or residential facility…
Mich. Comp. Laws § 722.929
Confidentiality of record of child advocate's office; disclosure; limitations; release of certain information.
(1) Subject to subsections (2) through (7) and except as provided in subsection (8), a record of the child advocate's office is confidential, shall only be used for purposes set forth in this act, is not subject to court subpoena, and is not discoverable in a legal proceeding. A record of the child advocate's office is…
Mich. Comp. 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 provided to complainant; child fatality investigation; report.
(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 placin…
Mich. Comp. Laws § 722.931
Penalty for filing complaint or cooperating in investigation prohibited; intentional false complaint.
(1) Subject to subsection (4), an official, the department, a child placing agency, or a residential facility must not penalize any person for filing a complaint or cooperating with the child advocate in investigating a complaint. (2) An individual, the department, an adoption attorney, a child placing agency, or a res…
Mich. Comp. Laws § 722.932
Authority granted under other acts or rules.
The authority granted the child advocate under this act is in addition to the authority granted under the provisions of any other act or rule under which the remedy or right of appeal or objection is provided for a person, or any procedure provided for the inquiry into or investigation of any matter. The authority gran…