January 03, 2005
January 3, 2005
Children's Ombudsman Given Expanded Power
LANSING - Governor Jennifer M. Granholm today signed a new law that will improve the state's ability to investigate and prevent future deaths of children under the supervision of Michigan's child protection system.
The law, sponsored by State Representative Lauren Hager, is named for two-year-old Ariana Swinson who was beaten and drowned by her parents in 2000.
"I salute Representative Hagar for his lifelong commitment to children and their families," Granholm said. "He and his wife, Carol, have been helping troubled children for many years, professionally as educators, and personally as an extension of their faith. The passage of this law is an affirmation of their many efforts."
Ariana's Law gives the Office of Children's Ombudsman expanded access to computerized information about child welfare cases handled by the Family Independence Agency (FIA) and expands the list of persons who can be considered a complainant and receive confidential Children's Protective Services information to include those persons defined as mandatory reporters under the Child Protection Law.
The FIA and the Ombudsman may now disclose information in child death cases, under certain circumstances, and still comply with state and federal confidentiality regulations.
"The safety of children is always our first priority, and that is why the Family Independence Agency supports Ariana's Law," said FIA Director Marianne Udow. "We rely on the Office of Children's Ombudsman to provide us with an outside, objective opinion of any opportunities we have to improve our Child Protective Services process and this is consistent with that process."
Children's Ombudsman Lynne Martinez praised the law, saying "it provides greater authority and more independence to the Ombudsman as well as access to agency files."
Under the new law, the Children's Ombudsman Office has:
- access to each departmental review team study in which a child's death could have resulted from abuse or neglect;
- access to the FIA's computer network, records, and reports, including medical and mental health records that are necessary to carry out his or her powers and duties;
- authorization for five years to request a subpoena for records and reports and petition the court to enforce the subpoena;
- a requirement that personnel receive training in handling child abuse or neglect complaints that involve a history of domestic violence; and
- expanded power to independently take legal action on behalf of a mal-treated child.
The law was given immediate effect.
