2023 House Bill 4640 / Public Act 295

Children: services; reference to "children's ombudsman" in the probate code of 1939; amend to "child advocate".

An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 67 and 68 of chapter X and section 19b of chapter XIIA (MCL 710.67, 710.68, and 712A.19b), section 67 of chapter X as amended by 1994 PA 373, section 68 of chapter X as amended by 2012 PA 385, and section 19b of chapter XIIA as amended by 2018 PA 58.

Official record

House Fiscal Agency Analysis

Senate Bill 432 amends the Children’s Ombudsman Act to replace the Office of Children’s Ombudsman with the Office of the Child Advocate. In general under the bill, the child advocate retains the powers and duties of the children’s ombudsman, with added responsibilities related to residential facilities and juvenile justice services. The bill changes the name of the act to the Office of the Child Advocate Act.

The other five bills in the package (SBs 435-436 and HBs 4639, 4640 and 4643) amend other acts to update references to the office or the act accordingly.

Introduced in the House

May 23, 2023

Introduced by Rep. Jimmie Wilson (D-32) and 29 co-sponsors

Co-sponsored by Reps. Kara Hope (D-74), Penelope Tsernoglou (D-75), Veronica Paiz (D-11), Christine Morse (D-40), Reggie Miller (D-31), Erin Byrnes (D-15), Stephanie Young (D-16), Laurie Pohutsky (D-17), Carrie Rheingans (D-47), Emily Dievendorf (D-77), Rachel Hood (D-81), Dylan Wegela (D-26), Amos O’Neal (D-94), Kelly Breen (D-21), Natalie Price (D-5), Tyrone Carter (D-1), Julie Brixie (D-73), Jason Morgan (D-23), Sharon MacDonell (D-56), Brenda Carter (D-53), Kimberly Edwards (D-12), Felicia Brabec (D-33), Noah Arbit (D-20), Carol Glanville (D-84), Donavan McKinney (D-14), Helena Scott (D-7), Jennifer Conlin (D-48), Phil Skaggs (D-80) and Abraham Aiyash (D-9)

Referred to the Committee on Criminal Justice

Sept. 19, 2023

Reported without amendment

Oct. 17, 2023

Passed in the House 92 to 18 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Oct. 18, 2023

Referred to the Committee of the Whole

Oct. 31, 2023