2023 Senate Bill 432 / Public Act 303

Children: services; children's ombudsman; rename, and modify powers and duties.

An act to amend 1994 PA 204, entitled “An act to establish the children’s ombudsman office; and to prescribe the powers and duties of the children’s ombudsman, certain state departments and officers, and certain county and private agencies serving children; and to provide remedies from certain administrative acts,” by amending the title and sections 1, 2, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, and 12 (MCL 722.921, 722.922, 722.923, 722.924, 722.925, 722.925a, 722.926, 722.927, 722.928, 722.929, 722.930, 722.931, and 722.932), the title and sections 3, 5, and 11 as amended by 2004 PA 560, sections 2 and 6 as amended by 2020 PA 186, sections 4 and 10 as amended by 2014 PA 243, section 5a as amended by 2014 PA 455, sections 7 and 8 as amended by 2013 PA 38, and section 9 as amended by 2020 PA 185.

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 Senate

June 28, 2023

Introduced by Sen. Roger Victory (R-31) and six co-sponsors

Co-sponsored by Sens. Sylvia Santana (D-2), Jeff Irwin (D-15), Paul Wojno (D-10), Rosemary Bayer (D-13), Sue Shink (D-14) and Erika Geiss (D-1)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Sept. 28, 2023

Reported with substitute S-1

Oct. 3, 2023

Referred to the Committee of the Whole

Oct. 11, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Oct. 12, 2023

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 14, line 24, after “in” by striking out “subsection (8),” and inserting “subsections (8) and (9),”.

2. Amend page 17, following line 6, by inserting:

“(9) The child advocate must release information regarding a child protective services case to an individual who is a state legislator at the time of the request or to a member of the media if the state legislator or member of the media has signed a memorandum of understanding with the child advocate in which they agree not to release to the public any information received under this subsection. An individual who releases case-specific or identifying information under this subsection in a manner not allowed under this subsection is guilty of a misdemeanor. As used in this subsection, “member of the media” means a news reporter or a press photographer who holds valid press identification credentials.”.

The amendment failed by voice vote

Passed in the Senate 32 to 5 (details)

Received in the House

Oct. 12, 2023

Referred to the Committee on Criminal Justice

Oct. 24, 2023

Reported without amendment

Nov. 8, 2023

Passed in the House 100 to 9 (details)

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

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Dec. 13, 2023