2023 Senate Bill 436 / Public Act 305

Children: services; reference to "children's ombudsman" in the child protection law; amend to "child advocate".

An act to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 7, 7b, and 7k (MCL 722.627, 722.627b, and 722.627k), section 7 as amended by 2022 PA 68, section 7b as amended by 2011 PA 89, and section 7k as added by 2011 PA 67.

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. John Damoose (R-37) and four co-sponsors

Co-sponsored by Sens. Stephanie Chang (D-3), Jeff Irwin (D-15), Roger Victory (R-31) and Sylvia Santana (D-2)

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

Sept. 28, 2023

Reported without amendment

Oct. 3, 2023

Referred to the Committee of the Whole

Oct. 11, 2023

Reported without amendment

Oct. 12, 2023

Passed in the Senate 34 to 3 (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 99 to 10 (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