Michigan 2023-2024 Regular Session

Michigan House Bill HB4640

Introduced
5/23/23  
Refer
5/23/23  
Report Pass
9/19/23  
Engrossed
10/17/23  
Refer
10/18/23  
Report Pass
10/31/23  
Enrolled
11/8/23  
Chaptered
12/31/23  

Caption

Children: services; reference to "children's ombudsman" in the probate code of 1939; amend to "child advocate". Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: HB 4638'23

Impact

The implications of HB 4640 are significant for state laws related to family and adoption practices. By amending existing statutes, the bill not only clarifies the role of the child advocate but also reinforces the responsibilities of state departments and child placing agencies when it comes to managing adoption records and proceedings. The legislation is perceived as a modern response to the evolving understanding of children's rights and the necessity for child advocates in legal contexts, potentially leading to more informed and sensitive handling of cases involving children.

Summary

House Bill 4640 aims to amend the Michigan Probate Code of 1939, particularly in relation to the terminology used concerning the state's framework for adoption and child advocacy. Notably, it seeks to replace the term 'children's ombudsman' with 'child advocate'. The bill addresses the jurisdiction, powers, and duties of the family division of the circuit court, while stressing the importance of children's rights in adoption cases. By doing so, it aligns more closely with contemporary child advocacy movements, ensuring that children’s interests are more prominently represented in legal proceedings related to adoption.

Sentiment

The overall sentiment surrounding HB 4640 appears to be positive, with a general consensus among supporters that the change in terminology and focus will enhance the legal framework regarding child welfare and adoption. Advocates argue that this bill emphasizes the importance of children's voices in legal matters and recognizes the critical role of advocacy for children in the judicial system. However, there could be some dissent regarding specific provisions or the additional responsibilities placed on agencies, which critics might fear could lead to implementation challenges.

Contention

While HB 4640 is primarily seen as a step forward, there are potential points of contention. Some stakeholders may express concerns regarding the feasibility of the increased responsibilities for child advocates and agencies, especially in ensuring adequate training and resources for these entities. Additionally, there may be worries among some legislators about the broader implications of redefining roles within the state's family court system, particularly if these changes are perceived as introducing additional bureaucracy or complicating existing procedures.

Companion Bills

MI HB4638

Same As Children: services; powers and duties of the child advocate; modify. Amends title & secs. 1, 2, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11 & 12 of 1994 PA 204 (MCL 722.921 et seq.).

Similar Bills

MI SB0434

Children: services; reference to “children’s ombudsman” in the probate code of 1939; amend to “child advocate”. Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: SB 0432'23

MI HB4529

Records: adoption; release of adoption information; modify. Amends sec. 68, ch. X of 1939 PA 288 (MCL 710.68).

MI HB5149

Children: adoption; central adoption registry; modify. Amends secs. 27a, 27b, 67 & 68, ch. X of 1939 PA 288 (MCL 710.27a et seq.) & adds sec. 27c to ch. X. TIE BAR WITH: HB 5148'23

IL SB0104

ADOPT-CONFIDENTIAL INTERMED

MI HB5148

Records: vital records; requirements to obtain certificate of live birth of an adult adoptee; provide for. Amends secs. 2829 & 2882 of 1978 PA 368 (MCL 333.2829 & 333.2882). TIE BAR WITH: HB 5149'23

AZ SB1664

DCS; tiered central registry; hearings

NJ A4264

Establishes student-athlete mental health specialists in school districts and public institutions of higher education; creates student-athlete mental health registry; makes appropriation.

IL SB2977

ADOPTION-CONFIDENTIAL INTERMED