OCA Policies

1.1 Administrative Guidance

Administrative Guidance

Effective Date: October 17, 2019

Revision Date: July 1, 2024

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This guidance outlines updated expectations and procedures for all Office of the Child Advocate (OCA) employees. It details office hours, leave request protocols, remote‑work requirements, communication standards, training approval processes, and general workplace expectations. The document also provides structured procedures for investigations, including case intake, review, assignment, correspondence standards, and report approvals. The goal of these guidelines is to ensure consistent operations, clear communication, and professional conduct across the OCA.

Purpose

This policy sets forth office procedures and expectations.

Effective Date

This policy was initially issued October 17, 2019. The revised version will take effect July 1, 2024.
Any previous iteration of this policy is rescinded.

General

OCA Office hours are Monday-Friday 8am-5pm unless approved alternate work schedule.
1. OCA Office phone hours are Monday-Friday 8:30am-4:30 pm.
Employee hours will be Mon-Fri 8am-5pm with 1-hour lunch and two 15-minute breaks for each half day worked unless approved alternate work schedule.
Alternative work schedules may be requested per DTMB policy 200.11.
1. An employee’s immediate supervisor will make the determination on whether to grant or deny all requests for alternative work schedules and/or remote work requests.
All employees will share their calendars with details with the director, deputy director, chief investigators, and the executive assistant to the director.
1. All calendars must be kept up to date which includes leave requests, training, remote workdays, or alternative work schedules if applicable.

Leave requests:

Annual leave
1. Must be pre-approved by an employee’s direct supervisor via email.
2. An email must be sent to an employee’s immediate supervisor if an employee has requested annual leave or sick time in SIGMA.
3. Submittal to your supervisor of a calendar request to schedule annual leave that receives an acceptance from the supervisor is acceptable.
4. Unavailability of immediate supervisor due to absence.
5. If immediate supervisor is unavailable the request shall go to the director.
6. Once approved the employee who is using leave time shall place the time they will be away on their calendar denoting it is annual leave.
Sick Leave

An employee must notify their immediate supervisor when sick time usage is occurring.
Phone call, text, or email must be sent to the employee’s immediate supervisor’s state of Michigan (SOM) phone/email.
Text or phone calls may be made to your immediate supervisor’s work cell phone number. If the immediate supervisor does not answer, the employee may then call the immediate supervisor’s personal cell phone.
The immediate supervisor will notify the director’s executive assistant of the sick time usage.
The executive assistant will notify the director of employee(s) sick time usage.
An employee must notify their immediate supervisor of any pre-planned sick leave (medical appointments, etc.). An employee must place such appointments on their calendar. Medical appointments do not need details in the calendar.

Sigma
1. If an employee uses SIGMA to schedule annual or sick leave and Sigma to request approval of annual or sick leave, the employee must still email the immediate supervisor to request the annual leave or to notify of the sick leave usage.
2. Once approved the employee using sick leave must place the sick time usage on their calendar.

Alternate work location

If approved for an alternative work location all employees shall follow applicable OCA, SOM and DTMB policy.
1. See OCA policy 2.3 OCA Remote Work Policy. All employees working at an alternative work location shall have their State of Michigan cellular phone on during work hours.
The specific alternative work location policy is DTMB 200.11.
A remote work request must be completed and approved in NEOGOV within 30 days of a new employee’s start date.
If an employee has been issued a State of Michigan cellular phone it must be used to conduct state business and must be available and on during scheduled work hours so that the employee is available for communication.
Employees must be signed into Outlook, the SOM VPN, Microsoft Teams, and their SOM account during their regularly scheduled work hours.
If a virtual meeting is scheduled, you must be available from your alternative work location to attend the meeting.
1. This attendance will require SOM network access.
2. If the employee does not have the proper internet access the employee shall attend the meeting in person at the scheduled office location.
3. If the meeting is a virtual meeting and the employee does not have proper internet access, they must then report to a SOM office to attend the virtual meeting.

Training

Staff should seek out, share, and attend applicable training opportunities.
All training with an associated cost must be approved by the OCA deputy director or director.
OCA employees must first obtain approval by their immediate supervisor to attend free training.
All approved training will be placed on the employees’ calendar with specific time frames.
The employee will be responsible for reading and understanding the State of Michigan Travel Policy.
The employee will be responsible for keeping and providing receipts for their own travel card compliance pursuant to State of Michigan standards.
The OCA employee’s immediate supervisor will approve all employee’s mileage and out-of-pocket expenses in SIGMA.

Communication and customer service

Employees are expected to be a positive representative of the OCA.
Employees are to be kind, courteous, respectful and treat others with the dignity and respect that you would expect of another State of Michigan employee.
Voicemail shall be checked regularly each working day.
1. Voicemails should be returned within 1 business day.
Email & Microsoft Teams
1. The OCA considers e-mail and Microsoft Teams chat messaging a main source of communication.
2. During scheduled remote work hours, employees must be responsive to communications from management and co-workers, whether by e-mail, telephone, or Microsoft Teams messaging.
3. Employees must respond to requests for immediate contact, immediately when available, and will respond to all communications from OCA management or colleagues by close of business of each remote workday.
Personal Email
1. Pursuant to Governor Gretchen Whitmer’s Executive Directive 2019-05, using personal email accounts to conduct work business is prohibited.

Miscellaneous

All requests for accommodations must be discussed with an employee’s immediate supervisor.
Supplies are available at each OCA office. If the supplies the employee requires are not in stock, the employee must email the executive assistant to the director with a list of requested supplies. The executive assistant must obtain approval from the director before placing an order.
All media requests shall be forwarded to the director. If the director is unavailable, forward the request to the deputy director. All requests by the media to be a complainant must be in writing and placed into MiCAIS.

Investigations

Opening of cases
1. Preliminary investigations and the intake analyst’s recommendations will be reviewed by the PEI unit manager as the first line reviewer.
2. The deputy director will be the second line reviewer.
3. The deputy director may decide to open a case if the intake analyst and PEI unit manager have opposing recommendations.
4. The deputy director will forward all full investigations to the director, with their recommendation for final review and determination.
The deputy director will assign full investigations to chief investigators for assignment to an investigator.
Opening and closing letters
1. Official letters will be left justified, with date formatted as [Month XX, 20XX].
2. If the OCA director is the complainant, the letter should be addressed to the Children’s Services Agency Director with required CCs.
3. For an external complainant, two letters will be written:
  1. One to the Children’s Services Agency Director (with required CCs).
  2. A separate letter to the complainant only.
  3. The body of the letter will remain the same.
Case briefing meetings
1. All investigators must attend unless excused.
2. Investigators may request a meeting to review a case at any time.
Reports of findings and recommendations
1. Findings and recommendations will be drafted by the chief investigator in consultation with the investigator and forwarded to the deputy director.
2. The report will be presented to the advocate for final approval.
  1. An investigator may request a meeting with leadership to review a proposed report at any time.

1.2 Confidentiality and Release of Information

Confidentiality & Release of Information Policy

Effective Date: November 6, 2019

Revision Date: November 4, 2025

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary:

The Office of the Child Advocate (OCA) keeps all case records and personal information strictly confidential. This policy explains how the OCA protects private information, how requests for records are handled, and the limited situations when information may be shared as allowed by law. It also outlines how the OCA safeguards sensitive data, responds to court orders, and ensures that personally identifiable information is removed before any reports are released.

Purpose
1. The purpose of this document is to define the OCO’s confidentiality and release of information policy.
Effective Date
1. This policy was originally issued on November 6, 2019. The revised version, updating the policy based on DTMB-Agency Servoces feedback, is effective November 4, 2025.
2. Any previous iteration(s) of this policy are rescinded.
Confidentiality
1. All records of the OCA are confidential. All OCA employees will sign and adhere to the Office of Child Advocate's Confidentiality Agreement (Attachment A).
2. Records of the OCA are not subject to a court subpoena, discovery requests in a legal proceeding, and are exempt from disclosure from the Freedom of Information Act.
  1. Any subpoenas or requests for discovery must be given to the advocate so a determination can be made on how the OCA will proceed.
3. Any request for records in writing that are not court orders, subpoenas, or requests for discovery in a legal proceeding will be handled as if they are FOIA requests. These requests are to be immediately forwarded to the OCA transparency liaison and the child advocate.
4. Any information including address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence will not be released unless ordered to by a court.
5. The OCA’s complaint management system houses personally identifiable information (PII).
  1. All individuals who access the OCA’s complaint management system, whether as a user or for maintenance purposes, must sign the OCA’s confidentiality agreement.
  2. Individuals who require access to the OCA’s database and the personally identifiable information (PII) it contains, excluding those affiliated with the vendor, must complete State of Michigan (SOM) privacy and security training prior to being granted access.
  3. Individual access to the complaint management system will be tracked by its built‑in tracking capabilities.
6. PII Maintenance & Disclosure
  1. Through the course of daily operations, OCA staff are responsible for identifying any PII that is inaccurate and needs to be updated.
  2. When inaccurate PII is identified, the OCA staff member must correct the information within the case management system and notify external parties if the incorrect information was shared.
  3. All PII must be redacted from documentation required by statute to be public; reports must undergo final review.
  4. If PII is disclosed to an unauthorized external party:
    1. The disclosure must be reported to the Child Advocate or Deputy Director and the Project Support Administrator.
    2. The PII disclosure will be available to the affected individual upon request.
    3. A record of the disclosure must be kept, including date, nature, purpose, and receiving party information.
    4. Disclosure records must be retained for five (5) years.
Transparency Liaison
1. The OCA director will appoint a transparency liaison.
2. The transparency liaison will be responsible for duties under Executive Directive 2019‑11.
3. The liaison will respond in writing to all court orders, subpoenas, and discovery requests using OCA templates.
4. Within 5 business days, the liaison will respond to all FOIA requests with the OCA FOIA response template denying all FOIA requests.
Exceptions to confidentiality and release of information
1. The Child Advocate may release information to a complainant regarding the department’s handling of a case. However, identities of other complainants or confidential MDHHS data shall not be released.
2. Information obtained or generated during an OCA investigation may be released to a legislative committee in closed session regarding child protection issues.
3. Unless otherwise public record, the OCA must not release:
  1. Mental health evaluation or treatment records.
  2. Substance abuse‑related evaluation or treatment records.
  3. Medical diagnosis or treatment records.
  4. Domestic violence or sexual assault service records.
  5. Educational service records.
4. If disclosure is necessary to address child abuse or neglect, the investigator must notify leadership, who will decide whether to release information.
5. A complainant’s identity may be released if they intentionally file a false report under child protection law.
6. The advocate shall not disclose information related to an ongoing law enforcement or CPS investigation.
7. Findings during open law enforcement investigations:
  1. Law enforcement must be notified before any release.
  2. The investigator will send the law enforcement inquiry letter.
  3. If release interferes with law enforcement activity, findings will not be released until the hold is lifted.
8. Findings during open CPS investigations:
  1. Findings may be released to MDHHS for their response.
  2. If MDHHS states release will interfere with CPS investigations, findings will not be released until cleared.
9. The assigned chief investigator will complete the investigation and supervisory review.
  1. CPS investigation status checked every 30 days; law enforcement every 90 days.
Complaints
1. Complainant identity must remain confidential.
  1. Exceptions:
    1. Written consent by the complainant.
    2. Court order requiring disclosure.
2. If disclosure of identity is required to resolve an issue and the complainant refuses, the investigator will close the investigation.
Confidential cases
1. The Child Advocate or Deputy Director may mark a case confidential.
  1. SAM15‑flagged cases must be escalated.
  2. Cases may be confidential if:
    1. The case involves an OCA employee or immediate family member.
    2. The case involves an elected official in a CPS or foster care matter.
2. Leadership determines which team members may access the case.
  1. Authorized users will be listed and have full access.
  2. Other users will be restricted.
Confidential databases
1. OCA staff have access to confidential databases such as MiSACWIS.
2. Records from various child‑serving agencies are confidential and may not be released.
3. Identifying information must be redacted from published reports unless part of public record.
4. Upon employment separation, staff are removed from SOM databases.
  1. MiCAIS administrator inactivates user accounts and removes MiLOGIN access.
Communications
1. Because identity cannot be verified via phone or email, confidential information may not be shared through these channels.
2. Analysts/investigators may discuss MDHHS case details as part of case review.
Redaction of reports
1. If a findings report is released, the following must be redacted:
  1. All personal identifying information.
  2. Confidential database information unless verified as public record.
  3. Confidential categories including:
    1. Mental health evaluation/treatment records.
    2. Substance abuse‑related treatment records.
    3. Medical diagnosis/treatment records.
    4. Domestic violence/sexual assault service records.
    5. Educational service records.
  4. Complainant identity.
  5. Information on the whereabouts of domestic violence victims.
  6. Any other protected information under law.
2. Complainant PII must be redacted before sending findings to MDHHS.
Findings and recommendations
1. All Findings and Recommendations will include required statutory confidentiality language: “Under state law a record of the Office of the Child Advocate is confidential, is not subject to court subpoena, and is not discoverable in a legal proceeding. Additionally, a record of the Office of the Child Advocate is exempt from disclosure under the Freedom of Information Act.”

1.3 Intake Policy & Procedure

Intake Policy and Procedure – Complainant Cases

Effective Date: November 6, 2019

Revision Date: April 29, 2022

Recommended By: Ryan Speidel, Deputy Director

Approved By: Suzanna Shkreli, Children's Ombudsman

Policy Summary

The Office of the Child Advocate (OCA) Intake Policy explains how complaints and requests for assistance are received, reviewed, and processed. It defines key terms used during intake, outlines the types of inquiries the OCA can accept, and describes what information is needed to determine whether a situation qualifies for investigation. The policy also details the roles and responsibilities of OCA staff, required timelines for contacting complainants and completing preliminary reviews, and the criteria used to decide whether a complaint should be closed, resolved early, or opened for a full investigation. It further describes the steps taken during intake, the evaluation process performed by next-level reviewers, and how notifications are issued to complainants. Overall, the policy ensures that all concerns brought to the OCA are handled consistently, thoroughly, and with a strong focus on child safety.

Purpose
1. The purpose of this policy is to define the Office of Child Advocate (OCA) intake policy and procedure.
2. The intake process is the first contact the public has with the OCA. OCA staff must follow specific criteria when deciding whether to open a complaint for investigation.
Effective date
1. This policy was first issued November 6, 2019, was revised August 26, 2020, January 17, 2020, April 29, 2022, and February 10, 2025. This revised policy takes effect February 10, 2025.
2. All previous iterations of this policy are rescinded.
Definitions
1. Interested entity: any individual making a complaint to the OCA who is not listed as a complainant in section 5 of the Child advocate Act.
2. Preliminary investigation: investigations or analysis conducted at the analyst level.
3. Full investigation: investigations conducted at the departmental specialist, or higher, level.
4. Investigation: a preliminary or full investigation or both.
5. Section 5 complainant: as defined by section 5 of the Child advocate Act.
6. Intake types:
  1. Information request/referral: the OCA provides information to a complainant directing the complainant to an outside agency to address a concern or complaint. This happens when the OCA does not have the authority or ability to investigate, mediate, or otherwise address the complainant’s concern and has identified an outside agency that is more appropriate to address the complainant’s concern(s) or complaint(s).
  2. Complaint: any incoming request for investigation made to or accepted by the OCA.
  3. Death complaints: notifications made to the OCA regarding a child under the age of 18 who has died.
7. Contact information: basic contact information and biographical information to identify a person, information necessary to allow an OCA staff member to contact an individual.
8. Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption agency, or a child placing agency with respect to a particular child related to adoption, foster care, or protective services.
9. PEI unit: Public Education and Intake Unit.
10. Next level reviewer: a first reviewer of cases, i.e. the PEI unit manager, chief investigator, deputy director or the child advocate if any of these individuals on the first reviewer of a case.
11. MiCAIS: Michigan Child Advocate Investigation System, the OCA’s case management system.
12. Supporting documentation: any evidentiary document created or obtained by the OCA that is pertinent to the case being investigated (i.e., MiSACWIS documents, police reports, OCA intake forms, medical records, court records, etc.).
Policy
1. All intakes will be assigned a complaint number for complaint management purposes.
2. All supporting documentation reviewed during intake will be saved to the complaint management system. The next level reviewer will be responsible to review all documentation that was relied on in making a recommendation and confirm that all documents are in the complaint management system.
3. Child safety concerns
  1. At any time, if an investigator or analyst has an immediate safety concern regarding a child, the investigator or analyst must immediately notify their direct supervisor and the child advocate. The child advocate will notify DHHS immediately but not later than 1 business day after the concerns are identified. The child advocate may also make the determination that more urgent intervention is warranted and may inform law enforcement.
4. Complaint criteria: when an individual makes a complaint with the OCA, the following information is necessary in order to make a determination if an investigation falls within the definition of an administrative act. Although it is impossible to establish exhaustive criteria, the following must be considered in determining whether or not to open a complaint for investigation.
  1. Situations that should be referred to local MDHHS office chain of command:
    1. If the complaint is regarding how a person was treated by the caseworker. Ex: Caseworker lied, treated me unfair, broke into my home, yelled at me.
    2. Supervision or management at a local office is not responding to phone calls or emails.
  2. Situations that the OCA cannot resolve due to lack of statutory authority:
    1. Parental rights are already terminated; adjudicated cases.
    2. Child has already been adopted.
    3. Friend of the court complaints.
    4. Complaints against trial court.
    5. Complaints against judges.
    6. Complaints against attorneys.
    7. Accusations that an individual filed a false complaint of child abuse or neglect with MDHHS.
  3. Situations that require the preliminary investigator recommendation a full investigation:
    1. The child advocate determines that a complaint shall be opened.
    2. If the complaint involves a child that is injured while in care.
    3. If the complaint involves a child that is considered medically fragile/vulnerable child under CPS definition and/or the complaint involves the health and safety of that child.
    4. If the complaint involves an allegation that a rule, policy, law was violated involving the health and safety of a child.
  4. Other considerations for recommending a full investigation:
    1. Whether the right result occurred for this child or whether the outcome could have been better if different decisions were made.
    2. If the agencies involved disagree with the placement of the child.
    3. Whether there is an emerging trend in child welfare that the child advocate should consider making recommendations for changes to law policy or rules.
    4. Whether policy was applied inappropriately.
    5. Whether policy was applied appropriately, but the policy is outdated or could be improved.
    6. Whether the allegations are supported or unsupported by documentation.
    7. Whether the OCA can mediate or help mediate the complainant’s issue.
Intake Procedure
1. Chief investigator responsibilities
  1. At the direction of the child advocate or deputy director, assist the PEI unit manager with various roles of public education or intake, including conducting preliminary investigations and advising on law, policy, procedure, etc.
  2. Address follow up questions or tasks as determined by the child advocate.
2. SEMA responsibilities
  1. Assist the intake analysts with incoming phone calls.
  2. Fax and mail complaints
    1. The SEMA will process complaints that come to our office via fax or through the physical mail. The SEMA will enter them into MiCAIS and send the PEI unit manager a task in MiCAIS for assignment.
3. PEI unit responsibilities
  1. Incoming phone calls
    1. The PEI unit is the primary point of contact for all incoming phone calls to the OCA.
      1. Phone distribution will be determined by the PEI unit manager.
    2. Intake analysts and departmental technician must properly address the information request or referral by doing the following:
      1. Advise the complainant of outside, administrative, or other agency remedies as necessary.
      2. Provide appropriate information.
      3. Record the contact as an information request or referral in the complaint management system.
    3. There may be instances where the complaint qualifies as an information request/referral and also qualifies to be investigated by the OCA.
    4. No employee of the OCA will divulge any confidential information to any entity or individual over the telephone.
    5. During the intake process discussion of MiSACWIS or OCA complaint data over the telephone is strictly prohibited.
    6. OCA employees may discuss information in general terms.
    7. Complaints via phone:
      1. Upon receiving an incoming complaint via phone or voicemail, the technician/intake analyst will enter the information as a complaint or information request/referral into the complaint management system no later than 3 business days after initial contact.
  2. Intake analyst responsibilities, preliminary investigations
    1. Prior to conducting an analysis of MiSACWIS documentation the analyst will speak with the complainant to determine the nature of the complaint.
    2. As part of the preliminary investigation the intake analyst will speak with the complainant and determine what their specific complaint is about.
    3. Questions the intake analyst should ask:
      1. What did the agency do that you think is wrong? (Please be specific)
      2. What do you want from the agency?
      3. What do you want the child advocate to do to help you?
    4. Gather any additional relevant information about the complainant, the specific complaint, and the case.
    5. Enter all information gathered from the complainant into MiCAIS.
    6. Enter a summary of the complainant’s statements into MiCAIS.
    7. Conduct an analysis of the applicable case history regarding the specific complaint.
    8. Enter the analysis of the applicable case history into MiCAIS.
    9. A narrative of the applicable family history.
    10. Identify any policy, rule or law violations observed or suspected in MiCAIS.
    11. All supporting documents reviewed will be saved into MiCAIS.
    12. Make secondary contacts with the complainant, other applicable parties, or other resource documents as necessary to conduct the preliminary investigation.
4. Intake timelines
  1. All timelines and due dates are dictated by MiCAIS and are summarized below:
    1. If a complaint is received through the online complaint submission, phone, voicemail, fax, mail or email the intake analyst has 10 business days to contact the complainant to discuss the complaint.
    2. Once the intake analyst conducts the initial contact with the complainant the intake analyst has 35 days to perform the preliminary investigation.
  2. There may be times where the preliminary investigation timeline of 35 days is not adequate. If this occurs the intake analyst should discuss with the PEI unit manager.
5. Recommendation
  1. The intake analyst must briefly justify their recommendation in MiCAIS.
    1. The recommendation must be based on the evidence discovered during the preliminary investigation process.
  2. Based on information provided by the complaint and the applicable case history analysis, the intake analyst will make one of two recommendations:
    1. Close complaint after the preliminary investigation.
    2. Recommend an early resolution process.
    3. Recommend a full investigation.
  3. Preliminary investigation report
    1. The intake analyst will document their preliminary investigation into MiCAIS.
    2. The narrative will conclude with the recommendation.
Intake review procedure
1. Next level review
  1. The next level reviewer (PEI unit manager, chief investigator, deputy director or the child advocate) will review the complaint, preliminary investigation, and recommendation.
  2. Based on the analyst’s preliminary investigation and recommendation, the next level reviewer will make a recommendation regarding whether to open a full investigation or to close the case after preliminary investigation.
  3. The next level reviewer’s recommendation will be one of the following:
    1. Agree with the recommendation
    2. Disagree with the recommendation
  4. The next level reviewer will leave notes to justify their agreement or disagreement with the analyst’s recommendation.
    1. The next level reviewer’s notes will include specific areas of the case that the next level reviewer would like to see investigated.
  5. Excluding the child advocate, the next level reviewer will assign the case to the deputy director for review.
  6. If the analyst’s recommendation is to open a full investigation, the next level reviewer agrees, and the deputy director agrees, the deputy director will do the following:
    1. Assign the investigation to an OCA investigator for a full investigation.
    2. Issue a to-do to the chief investigator for review of the case.
    3. Schedule touchpoints as defined by OCA policy.
  7. If recommendations differ, the deputy director will determine whether to proceed, following the same process.
  8. If both reviewer and deputy director agree to close, the case may be closed.
  9. If reviewer and deputy disagree, the deputy may elevate the decision to the child advocate.
  10. Throughout the process the reviewers and deputy director will document their justifications.
2. Chief investigator responsibilities when a complaint is opened for a full investigation:
  1. Review the case to help identify and focus the full investigation on the issue or issues that should be addressed in the full investigation.
  2. The chief investigator will consider the following:
    1. Whether the complainant’s issues are appropriately described.
    2. Whether there any other issues that the analyst has identified that should be investigated.
    3. Are there issues that should not be investigated such as age of prior investigation, issues that are not subject to the authority of the child advocate etc.
  3. There should be clear direction to the investigator regarding which issues and/or time period to focus on.
  4. Document his or her review in MiCAIS.
3. Notification
  1. The child advocate’s SEMA is responsible for preparing the OCA notification letters for complainant cases.
  2. Notification letters:
    1. Close after preliminary investigation (section 5 or non-section 5 complainant closing letter).
    2. Opened for full investigation (complainant opening letter).

1.4 Intake - Death Alerts

OCA Intake Policy and Procedure – Death Cases

Effective Date: November 6, 2019

Revision Date: February 10, 2025

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy outlines how the Office of the Child Advocate (OCA) receives, reviews, and evaluates death notifications involving children. It defines key terms, describes the intake and preliminary investigation process, and establishes the criteria used to determine whether a child’s death warrants a full investigation. The policy also explains staff responsibilities, required timelines, documentation standards, and steps for notifying complainants. Its purpose is to ensure that all child death notifications are handled consistently, promptly, and with careful attention to child safety and relevant history.

Purpose
1. The purpose of this policy is to define the Office of Child Advocate (OCA) death notification intake policy and procedure.
Effective Date
1. This policy was originally issued on November 6, 2019. This policy was previously revised on January 1, 2020, July 1, 2020, June 2, 2021, and February 10, 2025.
2. The revised version of this policy is effective February 10, 2025. All previous iterations of this policy are rescinded.
Definitions
1. Interested entity: any individual making a complaint to the OCA who is not listed as a complainant in section 5 of the 1994 PA 204, The Children’s Child advocate Act.
2. Preliminary investigation: investigations or analysis conducted at the analyst level.
3. Full investigation: investigations conducted at the departmental specialist, or higher, level.
4. Investigation: a preliminary or full investigation or both.
5. Section 5 complainant: as defined by section 5 of the 1994 PA 204, The Children’s Child advocate Act.
6. Intake types:
  1. Information request/referral: the OCA provides information to a complainant directing the complainant to an outside agency to address a concern or complaint. This happens when the OCA does not have the authority or ability to investigate, mediate, or otherwise address the complainant’s concern and has identified an outside agency that is more appropriate to address the complainant’s concern(s) or complaint(s).
  2. Complaint: any incoming request for investigation made to or accepted by the OCA.
  3. Death complaint: notification made to the OCA regarding a child under the age of 18 who has died.
7. Contact information: basic contact information and biographical information to identify a person, information necessary to allow an OCA staff member to contact an individual.
8. Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption agency, or a child placing agency with respect to a particular child, related to adoption, foster care, or protective services.
9. Supporting documentation: any evidentiary documents created or obtained by the OCA pertinent to the case being investigated.
  1. Examples: MiSACWIS documents, police reports, OCA intake forms, medical records, court records, etc.
Policy
1. All death case intakes, with a confirmed death, will be assigned a complaint number and considered a complaint for case management purposes.
  1. This is accomplished by forwarding the death notification emails to deathalert@micais.i-sight.com
2. All supporting documentation reviewed during intake will be saved to the complaint management system.
  1. The PEI unit manager will be responsible to review for reviewing all documentation that was relied on in conducting a preliminary investigation.
3. Child safety concern
  1. At any time, if OCA staff has an immediate safety concern regarding a child, they must immediately notify their direct supervisor and the child advocate. The child advocate will notify MDHHS immediately but not later than 1 business day after the concerns are identified. The child advocate may also make the determination that more urgent intervention is warranted and may also inform law enforcement.
4. Death investigation criteria
  1. The OCA must first determine during its preliminary investigation process whether the child fatality was due to child abuse or neglect or suspected child abuse and neglect when deciding whether to recommend opening a full investigation on death cases.
    1. If the death is not a result of child abuse or neglect or suspected child abuse or neglect, the case will not be opened for full investigation.
    2. If the death is a result of child abuse or neglect or suspected child abuse or neglect, an assessment must then be made during the preliminary investigation if any of the following factors existed at the time of the review:
      1. A child died during an active child protective services investigation or open services case, or there was an assigned or rejected child protective services complaint within 24 months immediately preceding the child's death.
      2. A child dies in foster care.
      3. A child returned from foster care and there is an active foster case.
      4. A child dies and there was a foster care case involving the child or the child’s sibling that was closed in the 24 months immediately preceding the death.
5. Departmental Specialist 14/OCA investigators may be assigned death alert cases for preliminary investigation dependent on OCA workflow needs.
Intake Procedure
1. Chief investigator responsibilities
  1. May be required to assist the intake analysts with phone calls to the OCA.
  2. At the direction of the child advocate or deputy director, assist the PEI unit manager with various roles of public education or intake, including conducting preliminary investigations and advising on law, policy, procedure, etc.
  3. Address follow up questions or tasks as determined by the child advocate.
2. PEI unit manager responsibilities
  1. Ensure that death alert intakes are assigned for preliminary investigation.
3. PEI analyst responsibilities
  1. Preliminary investigation review:
    1. As part of the preliminary investigation, the intake analyst will review any information surrounding the death of a child in order to make recommendations to open a full investigation or to close after the preliminary investigation.
  2. The preliminary investigation step will be performed as the initial step in every complaint intake.
  3. Consideration should be given to the following during the preliminary investigations:
    1. The analyst will review the prior history of the family. During this review, the analyst will determine the following:
      1. In each death alert preliminary investigation, the analyst’s first step will be to submit a request to the medical examiner if an autopsy was ordered or was performed.
        
        If no autopsy was ordered or performed, the analyst will request the death certificate from the State of Michigan’s vital records office.
      2. Did a child die due to child abuse and/or neglect or does evidence strongly indicate that the child died due to child abuse and/or neglect; and:
        
        The child died during an open services case or an active Child Protective Services (CPS) investigation, generally, the recommendation to open a full investigation will be made.
        
        The child died in foster care or was returned home from foster care in the last 24 months, generally, the recommendation to open a full investigation will be made.
        
        If there was a foster care case that was closed which involved the deceased child or the deceased child’s sibling in the 24 months prior to the child’s death, generally, the recommendation to open a full investigation will be made.
        
        If a child fatality occurs during a CPS investigation, ongoing case, open foster care case, or closed foster care case within the last 24 months of the child’s death, and that death is due to unsafe sleep practices and the prior CPS history is unrelated to unsafe sleep, generally, the recommendation should be to close the preliminary investigation (please see section E 3. c. iii. for additional guidance on recommending a full investigation for unsafe sleep deaths).
      3. If there is a prior CPS history where there was an accepted or rejected complaint within the past 24 months preceding the child’s death, an analysis of that CPS history will be conducted during the preliminary investigation to determine whether a case should proceed to a full investigation.
      4. In making a recommendation to close the preliminary investigation or recommend a full investigation consideration must be given to the following:
        
        The relationship of the deceased child and the parents of the deceased child to determine if there is any correlation between the actions of CPS and the death of the child.
        
        Whether the history involving the actions of CPS involve the deceased child.
        
        Whether the history involves the parents or a remote caregiver that is no longer involved with the family.
    2. CPS history where the recommendation should be to close a death investigation after preliminary investigation:
      1. If the father is not a perpetrator in any prior CPS history and the father’s CPS history is due to his involvement with an individual who has a CPS history, and that individual is no longer involved with the family.
      2. If the mother is not a perpetrator in any prior CPS history and the mother’s CPS history is due to her involvement with an individual who has a CPS history, and that individual is no longer involved with the family.
    3. If a death is related to unsafe sleep practices or sudden unexplained infant death and the prior CPS history is unrelated to unsafe sleep practices or a sudden unexplained infant death, the intake analyst must consider all other evidence when formulating a recommendation.
      1. Unsafe sleep practices or a sudden unexplained infant death and when to consider a full investigation:
        
        If MDHHS is not addressing the other children in the home for their safety, and their relative age and potential for unsafe sleep practices. This may cause a full investigation with a case escalation status to address the immediate safety risks.
        
        If there is a trend of MDHHS failing to advise a caretaker of safe sleep practices in prior contacts with the family.
        
        Where evidence suggests that substance use substantially impaired the parent(s) ability to care for or protect the child and the previous CPS history is related to substance abuse.
    4. Considerations for opening a full death investigation:
      1. The child advocate determines a complaint shall be opened.
      2. An emerging issue or trend in child welfare that necessitates a full investigation.
      3. A consistent theme or issues that is identified over the course of multiple investigations prior to the child’s death.
      4. The child died in care.
      5. Safety concerns for other children living in the household.
  4. Recommendation:
    1. The intake analyst must concisely justify their recommendation in the OCA’s complaint management system.
    2. The recommendation will be based on the analyst’s preliminary investigation.
    3. Based on information provided by the complaint and the applicable case history analysis, the intake analyst will recommend one of the following options:
      1. Close complaint after the preliminary investigation.
      2. Recommend a full investigation.
      3. Recommend an alternative informal solution to any problems presented.
  5. Preliminary investigation report:
    1. The intake analyst will document their preliminary investigation into the complaint management system in narrative format that is approved by the child advocate.
    2. The narrative will conclude with the recommendation.
4. Intake timelines
  1. All timelines and due dates are dictated by MiCAIS and are summarized below:
    1. If there is an external complainant associated with a death alert, the intake analyst has 10 business days from the date of assignment to contact the complainant to discuss their complaint.
    2. Preliminary investigations on child death alert cases are due 35 days after case assignment.
    3. There may be times where the preliminary investigation timeline of 35 days is not adequate to conduct a preliminary investigation. If this occurs the intake analyst should discuss the preliminary investigation with the PEI unit manager.
Intake Procedure
1. Next level review
  1. The next level reviewer (PEI unit manager, chief investigator, deputy director or the child advocate) will review the death alert, preliminary investigation, and recommendation.
  2. Based on the analyst’s preliminary investigation and recommendation, the next level reviewer will make a recommendation regarding whether to open a full investigation or to close the case after preliminary investigation.
  3. The next level reviewer’s recommendation will be one of the following:
    1. Agree with the recommendation.
    2. Disagree with the recommendation.
  4. The next level reviewer will leave notes to justify their agreement or disagreement with the analyst’s recommendation.
    1. The next level reviewer’s notes will include specific areas of the case that the next level reviewer would like to see investigated.
  5. Excluding the child advocate, the next level reviewer will assign the case to the deputy director for review.
  6. If the analyst’s recommendation is to open a full investigation, the next level reviewer agrees, and the deputy director agrees, the deputy director will do the following:
    1. Assign the investigation to an OCA chief investigator for assignment of the full investigation.
    2. Issue a to-do to the chief investigator for review of the case.
    3. The respective chief investigator will schedule touchpoints as defined by OCA policy.
  7. If the analyst’s recommendation is to open a full investigation, and the next level reviewer disagrees, and the deputy director agrees, the deputy director will follow subsection f).
  8. If the analyst recommends closure but reviewer + deputy disagree, the process in subsection f) applies.
  9. If the analyst recommends closure and reviewer disagrees but deputy agrees with the analyst, the deputy will provide the final recommendation to the child advocate for determination.
  10. Throughout the process the second level reviewers and the deputy director will document the justifications they used to recommend closure or full investigation.
2. The chief investigator will do the following if the death preliminary investigation proceeds to full investigation:
  1. Identify and focus the full investigation on the issue or issues that should be addressed in the full investigation.
  2. The chief investigator will provide input on the following:
    1. Proper description of issues.
    2. Assessment on issues the analyst has identified as well as additional issues.
    3. Recognizing issues that should not be investigated.
  3. Clear direction must be given to the investigator regarding what issues and/or time period should be investigated.
    1. If the investigator disagrees with the scope, they must notify their manager and deputy director.
  4. Document the chief investigator’s review in the complaint management system.
3. The OCA will notify any complainant, excluding the child advocate, in writing of determinations made after the preliminary investigation.
  1. Notification types:
    1. Close after preliminary investigation.
    2. Opened for full investigation.
  2. If closed after preliminary investigation, notifications will include a brief summary explaining why.
Full Investigation Assignments
1. The OCA deputy director or chief investigator will assign full investigations.
  1. Full investigations will be assigned to OCA investigators and chief investigators.
  2. When making assignments to an OCA investigator the following should be considered:
    1. Complexity of the complaint.
    2. The number of complex complaints currently on the investigator’s case load.
    3. The number of overall cases the OCA investigator is currently investigating.
    4. The investigator’s area of expertise.

1.4(a) Intake - Secondary Death Alerts

Secondary Death Alert Procedure

Effective Date: June 10, 2022

Revision Date: February 10, 2025

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy outlines the procedures the Office of the Child Advocate (OCA) follows when receiving and processing Secondary Death Alerts provided by Vital Records. It details how death notifications are reviewed, verified, logged, and entered into MiCAIS, along with the steps staff must take when a child’s information is found or not found in the system. The policy explains responsibilities for creating cases, conducting preliminary investigations, documenting findings, and applying review criteria—especially when evaluating whether a child’s death may involve abuse or neglect. It also establishes timelines, record‑keeping expectations, and roles for OCA analysts, managers, and investigators, ensuring each notification is reviewed consistently and handled with appropriate attention to child safety and agency requirements.

Purpose
1. This document sets forth the procedure for creating and completing Secondary Death Alerts.
Effective Date
1. This policy was effective June 10, 2022, updated on February 10, 2025, and July 14, 2025.
Definitions
1. Preliminary investigation: Investigations or analyses conducted at the analyst level.
2. Full Investigation: Investigations conducted at the departmental specialist level or higher.
3. Investigation: A preliminary or full investigation or both.
4. MiCAIS: The iSight application used by the OCA for records and complaint management.
Procedure
1. Review the DTMB-MiOCA@michigan.gov Outlook mailbox no less than weekly for notifications containing vital records death notification files, also known as, secondary death alerts.
  1. There should be two emails with the same date, one email containing a zipped file folder and one email containing a password to unzip the spreadsheet.
    1. Save the zipped file folder in the following: S:\Common\2. Secondary Death Alert Checks.
    2. Extract the Death Notification File spreadsheet utilizing 7zip and the provided password.
    3. Save the spreadsheet to the same file location once you successfully open it.
2. Review the Death Notification File spreadsheet sent by Vital Records
  1. Search MiCAIS for the names and person IDs provided in the vital records death notification.
    1. Name found:
      1. Make an investigation update in the note section of that case stating “On <Date of vital records email>, the OCA was notified of this child's death via secondary child death alert. No further action is necessary.”
    2. Name not found:
      1. Create a secondary death case in MiCAIS for the child.
      2. Case Type should be “Death,” Date Received should be the date the vital records email was sent to the OCA, Initial Case Source should be “Secondary Death Alert (Vital Records).”
      3. Add the child as the party type: “Child - Subject of Case” and complete the rest of the known information for the child.
        
        There will be no intake ID for these cases. This is a mandatory field. The completing staff member must enter zeros in this field.
      4. Any child that died prior to June 30, 2020, will not have a case in MiCAIS.
        
        The analyst must have CRM (OCA’s legacy records system) checked for the child’s name.
        
        Currently the only individuals with CRM access are Ryan Speidel and Michelle Brandel.
      5. The OCA lead analyst will be responsible for case creation.
        
        Once the case is created in MiCAIS it will be assigned to a PEI unit manager for review and assignment of the secondary death alert preliminary investigation.
        
        The PEI unit manager may choose to conduct the secondary death alert preliminary investigation.
        
        Only the OCA lead analyst or a higher classification will complete the secondary death alert preliminary investigation.
    3. Deaths older than current date minus 6 years:
      1. The OCA approved record retention schedule is date of case closure plus 5 years.
      2. Due to this 5-year record retention and the 12-month timeline in the Child Advocate Act to complete a child death investigation, any notification of a child that died more than 6 years before the date of notification will not receive an OCA investigation.
      3. This will be documented by OCA staff.
3. Finalization
  1. A Death Notification File Spreadsheet will be maintained in the OCA shared drive.
    1. Place spreadsheets that required you to create a case here: S:\Common\2. Secondary Death Alert Checks\Completed - Need New Case.
    2. Place spreadsheets that did not require a new case to be created here: S:\Common\2. Secondary Death Alert Checks\Completed - No New Case.
  2. Delete any zipped files or folders from the Secondary Death Alert Checks folder. Move completed secondary death alerts to the DTMB-MiOCA@michigan.gov folder labeled ‘Completed Secondary Death Alerts.’
4. Conduct the preliminary investigation.
  1. Preliminary investigation guidance:
    1. Review MiSACWIS for information. Keep in mind the information in MiSACWIS for Secondary Death alert cases may be extremely limited.
    2. Search the internet for obituaries containing the child’s name and date of death.
    3. Using information from the obituary, search the internet for deaths on the day in question within the county of the child’s residence.
    4. Follow OCA policy regarding evaluating and completing preliminary investigations.

1.4(1) Early Resolution Policy

Early Resolution Policy

Effective Date: December 23, 2024

Revision Date:

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy establishes the Early Resolution (ER) process, a shortened investigative review designed for cases that are unlikely to require a full investigation. ER cases are identified after preliminary review and focus on resolving one to three key issues efficiently. The policy outlines the criteria for recommending an ER, the roles of analysts and reviewers, and the steps for assigning, reviewing, and closing ER cases. It also provides guidance on when a case should transition to a full investigation. The review procedure includes multiple levels of oversight to ensure accuracy, consistency, and appropriate resolution before case closure.

Purpose
1. This policy is meant to define an early resolution and give guidance and direction.
2. The abbreviated investigation process will now be known as the early resolution process.
3. Early resolution cases will be identified by the PEI division manager, Deputy Director, or the child advocate following the review of a preliminary investigation
4. Early resolution cases should be identified as cases with a low probability of requiring a full investigation.
Effective date
1. December 23, 2024
Definitions
1. Early Resolution (ER) – The process of a shortened review or investigation and what it is attempting to accomplish.
2. Preliminary investigation: investigations or analysis conducted at the analyst level.
3. Full investigation: investigations conducted at the departmental specialist, or higher, level.
4. Investigation: a preliminary or full investigation or both.
5. Section 5 complainant: as defined by section 5 of the Child Advocate Act
Policy
1. There may be instances where a preliminary investigation is completed and more needs to be done with the case however a full investigation is not warranted.
2. Policy cannot lay out every instance where this may be the case. Analysts and preliminary investigation reviewers must use critical thinking to determine if a case should be recommended for the early resolution process.
3. If a case is recommended for an early resolution process either the PEI unit chief, deputy director or child advocate will determine if the case is opened for an abbreviated investigation with the goal of early resolution.
4. The early resolution is NOT an in-depth review
  1. ERs will concentrate on 1 to 3 issues that may need to be resolved.
  2. This is done to determine if a full investigation should be opened or if the case can close after the issues identified are resolved.
Procedure
1. After completing the preliminary investigation if the analyst believes there is an issue that can be quickly resolved the analyst will recommend the case be opened for an early resolution.
2. The case will be assigned to the next level reviewer.
  1. The next level reviewer will recommend:
    1. Case is opened for an Early Resolution
    2. Case needs to go to second level reviewer
    3. Case can be closed without an Early Resolution
    4. Case should receive a full investigation
  2. If the PEI Unit Chief recommends an Early Resolution in agreeance with the analysts’ recommendation the Early resolution case will be assigned to the PEI Lead Analyst.
    1. The PEI Lead analyst cannot be assigned more than five Early Resolution cases at any given time.
    2. Should the PEI lead analyst have five early resolution cases assigned to them the PEI unit chief will coordinate with the deputy director or the child advocate to have the early resolution case assigned to an investigator.
  3. Once the issue has been resolved the case can move to a case closure.
  4. If the issue is persistent and is not resolved the lead analyst or investigator must consider moving the case to a full investigation.
  5. If this occurs the analyst/investigator will meet with their direct manager and in some instances the deputy director or the child advocate to determine if a full investigation is warranted.
  6. If a full investigation is warranted a chief investigator, the deputy director or the child advocate will assign the case to an investigator.
Review procedure
1. The review of the preliminary investigation will follow the review as laid out in OCA policy 1.3 and 1.4.
2. The review process for an Early Resolution:
  1. Lead analysts are responsible for the ER.
    1. First level review will be the PEI unit chief, Deputy Director, or child advocate.
    2. Second level review will be one of the chief investigators, the deputy director, or the child advocate.
  2. Investigator responsible for an Early Resolution:
    1. First level review will be the investigator’s direct manager (chief investigator), the deputy director, or the child advocate.
    2. The second level of review will be the deputy director or the child advocate.
  3. The deputy director and child advocate will review all early resolution cases prior to case closure.

1.5 Investigations

Investigation Policy

Effective Date: January 20, 2020

Revision Date: November 4, 2025

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This document outlines the Office of Child Advocate’s comprehensive policy and procedures for conducting investigations. It establishes the purpose, definitions, responsibilities, investigative standards, workflow requirements, statutory timelines, and expectations for objectivity, confidentiality, and documentation. The policy provides guidance to ensure all OCA investigations are thorough, impartial, well‑documented, and carried out with professionalism and integrity, ultimately supporting accurate findings, recommendations, and accountability within Michigan’s child welfare system.

PURPOSE
1. It is the purpose of this policy to set guidelines and requirements pertaining to the handling and dispositions of OCA investigations.
2. It is the policy of the Office of Child Advocate to investigate complaints thoroughly and with due diligence, to investigate without bias, presumptions or assumptions; to uncover facts and prepare cases for submission as appropriate.
REVISION HISTORY
1. All policies issued prior to the below issued date are rescinded
  1. Issued: January 20, 2020
  2. Revised: October 27, 2020 - D.3.A (added language) & D.3.G (added language), February 10, 2025.
  3. November 4, 2025 – Updated policy to allow chief investigators to approve extension requests.
DEFINITIONS
1. Director: The director of the Office of Child Advocate
2. Deputy Director: The deputy director of the Office of Child Advocate
3. Chief Investigator: The chief investigator of the Office of Child Advocate
4. OCA Investigator: Any OCA staff member conducting an investigation but typically the departmental specialist (all levels of classification).
5. Interested Entity: Any individual making a complaint to the OCA who is not listed as a complainant in section 5 of the Child advocate Act.
6. Preliminary investigation: Investigations or analysis conducted at the analyst level.
7. Full Investigation: Investigations conducted at the Departmental Specialist, or higher, level.
8. Investigation: A preliminary or full investigation or both.
9. Section 5 Complainant: As defined by section 5 of the Child advocate Act.
10. Investigation types:
  1. Complaint: Any incoming request for investigation made to or accepted by the Office of Child Advocate
  2. Death complaints: Notifications made to the Office of Child Advocate regarding a child under the age of 18 who has died.
11. Contact Information: Basic contact information and biographical information to identify a person - allowing an OCA staff member to contact an individual.
12. Administrative Act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption agency, or a child placing agency with respect to a particular child related to adoption, foster care, or protective services.
13. Supporting Document/Documentation: Any evidentiary document created or obtained by the OCA that is pertinent to the case being investigated.
  1. Examples: MiSACWIS documents, police reports, OCA intake forms, medical records, court records, etc.
INVESTIGATION PROCESS OVERVIEW
1. Investigative Process Overview
  1. The goal of an investigation is to determine the truth or falsity of matters alleged in the complaint, and/or how cases were handled by agencies the OCA has authority to investigate. The procedures used in the investigative process focus on obtaining relevant facts to address the aspects of a complaint or a case(s) being reviewed.
  2. An investigative plan outlines the pertinent facts of an allegation and how to best obtain evidence that will either prove or disprove matters essential to the complaint.
  3. Investigative activities include examination of documents, such as files, contracts, various records, reports, and communications. Investigators also obtain information by interviewing witnesses, technical experts, and the subjects of investigations.
  4. Evidence obtained shall be entered and/or saved into the approved complaint management system.
  5. An OCA investigation will close with an administrative case closure or with a finding(s) and recommendation(s).
  6. Documents prepared by the OCA Investigator must be factual and accurate. All notes and records must be dated.
2. Investigation Guidance
  1. The investigation shall include:
    1. Systematic collection of facts for the purposes of describing what occurred and explaining why it occurred
    2. Thorough, impartial and fair fact finding and collection
    3. Circumstances that caused an events or events to take place
    4. Answers to the questions who, what, when, where, why and how.
  2. Thoroughness
    1. The OCA Investigator shall conduct a thorough investigation.
      1. Identify all parties involved, determine which parties are vital to the investigation and conduct interviews of those individuals.
      2. Identify evidence
        
        Collection of evidence from the source.
        
        Examples: Police reports from the Police Agency; Medical records from the hospital; Adoption records from the adoption agency; Court records from the court of jurisdiction, etc.
      3. Uncover all the facts and relevant information.
      4. Take and maintain good notes to assist with report writing.
    2. The OCA investigation incorporates a large amount of documentation review:
      1. Missing documentation: If during an OCA investigation it is discovered that actions performed by the agency are not documented the OCA investigator as part of the interview will ask and determine if the action did or did not actually occur.
    3. Objectivity and Impartiality
      1. All OCA Investigators will conduct an investigation that is unbiased and factually based.
      2. The OCA Investigator must be substantially detached from the agency being investigated.
        
        If the OCA Investigator is related to or acquainted with the complainant, an interested entity, an employee of the agency being investigated or any other party of the investigation the OCA investigator will immediately notify the Director and/or Deputy Director.
      3. The OCA Investigator will not:
        
        Make assumptions
        
        Base conclusions on presumptions, assumptions or prior personal experiences.
        
        Provide an opinion
        
        Exception – Opinions qualified by education or experience
        
        Report information that is not factual.
        
        Purposefully fail to report or fail to disclose factual information that is part of an investigation.
      4. Confidentiality
        
        Investigative resources, sources of information and complainant information must be maintained confidentially. See OCA 1.2 OCA Confidentiality and Release of Information policy.
        
        The confidentiality of OCA investigations will be explained to complainants and those being interviewed by an OCA investigator.
        
        In some instances, the OCA may have to disclose the identity of a complainant to resolve an issue. See 1.2 OCA Confidentiality and Release of Information policy for details.
3. Case Workflow
  1. Investigation Touchpoint:
    1. A meeting scheduled with the lead investigator, additional investigators, and at minimum the Chief Investigator and the Deputy Director.
      1. (Note: The purpose of the investigative touchpoint is to add OCA administration insight to an ongoing investigation)
    2. At the time the case is assigned to an investigator for the purposes of a full investigation the following shall occur:
      1. Schedule an investigative touchpoint meeting as follows:
        
        Complainant case: 30 days after assignment
        
        Death Case: 30 to 90 days after assignment
      2. Additional touchpoints will be scheduled as needed.
    3. The investigator will bring information specific to their assigned case to discuss with the Chief Investigator and Deputy Director.
      1. The investigator will:
        
        Outline what investigative steps have occurred
        
        Discuss what the investigation uncovered so far
        
        Interviews with the complainant, interested parties, and witnesses
        
        Additional pertinent information for the OCA administration
        
        Any investigative issues
  2. Team Meetings
    1. The OCA will hold regular team meetings where cases and investigations will be discussed.
      1. The Team meetings are tools used to allow the OCA to assess an investigation with a team of multi- disciplinary professionals.
    2. The OCA Investigator shall be prepared to discuss a case or several cases at each team meeting
  3. Administrative Closure
    1. Investigations that are submitted for administrative closure will be assigned from the investigator to the Chief Investigator
      1. The Chief Investigator will review the administrative closure
      2. The Chief Investigator has the authority to approve the administrative closure if the Chief Investigator agrees with the analysis and conclusions draw by the OCA Investigator.
      3. If the Chief Investigator believes the case should not be closed administratively the Chief Investigator will notify the Deputy Director of the Chief Investigators conclusion.
        
        The Chief Investigator will provide the Deputy Director with reasoning behind the Chief Investigators conclusion.
        
        This Chief Investigator’s reasoning will be documented in the complaint management system.
        
        The Chief Investigator will assign the Deputy Director review of the submitted administrative closure in the complaint management system.
      4. The Deputy Director will review available documentation and may meet with the Chief Investigator and OCA Investigator.
        
        The Deputy Director will make a final determination.
        
        In some instances, the Deputy Director may consult with the Director regarding the submitted administrative closure and the Chief Investigator’s conflicting conclusion.
      5. The Director may require a formal finding and recommendation regardless of the Chief Investigator or Deputy Director’s conclusions.
  4. Formal Finding(s) and Recommendation(s)
    1. If the child advocate determines and formal report of findings and recommendations (F&R) is warranted. The formal findings and recommendation process should start
    2. The child advocate or the deputy director will assign the case to a chief investigator for authoring of the F&R.
      1. The child advocate will provide guidance to the chief investigator utilizing the OCA’s approved case management system.
      2. The assigned chief investigator should seek clarity from the child advocate if guidance is not clear
    3. After completion of the F&R first draft, the case will be assigned to the Deputy Director for review.
      1. If the Deputy Director requires changes to the document the F&R draft may be assigned back to the authoring chief investigator for editing.
      2. If the Deputy Director requires additional investigation the chief investigator or an OCA investigator will be reassigned the case to conduct the additional investigation.
      3. The Deputy Director may make edits to the findings and recommendation report.
    4. After the Deputy Director’s approval, the case will be assigned to the child advocate for review.
      1. If the child advocate requires changes to the document the chief investigator may be assigned the case for editing of the F&R.
      2. If the Director requires additional investigation the authoring chief investigator will be reassigned the case to conduct the additional investigation.
      3. The Director may make edits to the findings and recommendation report.
    5. Reading of F&R document
      1. The F&R document will receive at minimum 1 full read with at least 3 staff members in attendance.
      2. A second reading is recommended but not required.
    6. Upon final approval of the formal finding(s) and recommendation(s) a task will be assigned to the Director’s SEMA.
      1. The Director’s SEMA will communicate the formal finding(s) and recommendation(s) to the agency(s) involved.
Death Complaints & Statutory Timeline
1. The OCA Investigator shall complete their investigation 240 days after the OCA Investigator is assigned the case for full investigation.
  1. The OCA Investigator may request an extension of the 240-day due date.
    1. The extension request shall be made to a Chief Investigator, the Deputy Director or Director and shall include a reasonable justification for the extension request.
    2. The Chief investigator, Deputy Director and/or the Director will approve or deny the extension request.
2. At the latest, all death complaint investigations will be finalized by the OCA 365 days after the case was assigned to the OCA Investigator for full investigation.
Complaints & Timelines
1. The OCA Investigator shall be completed with their investigation 180 days after the OCA Investigator is assigned the case for full investigation.
  1. The OCA Investigator may request an extension of the 180-day due date.
    1. The extension request shall be made to a Chief Investigator, the Deputy Director or Director and shall include a reasonable justification for the extension request.
    2. The Chief investigator, Deputy Director and/or the Director will approve or deny the extension request.
2. Investigation Extension Requests:
  1. Investigation extensions will only be granted under the following circumstances:
    1. Requested Records that you have not received:
      1. Requires documented efforts and an explanation/justification to the OCA administration.
    2. Requested interview that you have not conducted:
      1. Requires documented efforts and an explanation/justification to the OCA administration.
    3. Under OCA administration approval:
      1. Example: You have been in regular communication with OCA admin about your case and the length of time it takes to investigate is abnormally long due to the circumstances in the case.
      2. Example: Waiting on a court or administrative action to finalize

1.6 Interviews

OCA Interview Policy

Effective Date: January 20, 2020

Revision Date: October 27, 2020

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy establishes the standards and procedures for conducting investigative interviews within the Office of the Child Advocate (OCA). It outlines requirements for in‑person interviews, expectations for objectivity, documentation guidelines, and safety considerations. The policy defines when and how interviews should occur, including the handling of third‑party participants, use of remote communication tools when necessary, and limitations on written or electronic questioning. It also details the Memorandum of Understanding guiding communication with MDHHS and private agency contacts when interviewing agency staff. Additionally, the policy sets clear expectations for documenting interviews, including timelines, content requirements, and procedures for obtaining and storing written statements. Overall, the policy ensures that investigative interviews are thorough, unbiased, properly recorded, and conducted in a manner that supports the accuracy and integrity of OCA investigations.

PURPOSE
1. It is the purpose of this policy to set guidelines and policy regarding investigative interviews conducted by OCA staff.
REVISION HISTORY
1. All policies issued prior to the below issued date are rescinded
  1. Issued: January 20, 2020
  2. Revised: October 27, 2020 – D.1.F. (section added); E.1.A (changed to reflect 10 day timeline)
INVESTIGATIVE INTERVIEW
1. Policy - Interview Overview
  1. All interviews will be conducted in person (face to face)
    1. Investigative interviews: Investigative interviews are performed as a one on one interview or with two OCA Investigators and one interviewee.
    2. Purpose of investigative interviews: To obtain unbiased statements. This is best achieved by interviewing an individual by themselves in a controlled environment.
    3. Missing documentation: If during the course of an OCA investigation it is discovered that actions performed by the agency are not documented the OCA investigator as part of the interview will ask and determine if the action did or did not actually occur.
    4. There may be instances when an individual requests a third-party (attorney, supervisor, labor representative) to participate in the interview.
      1. Each interview is unique – The following should be considered:
        
        Consideration shall be given to the third party’s legal status with regard to the information being discussed in the interview.
        
        Each OCA Investigator will have to make an independent decision as to whether or not this will affect the outcome of an interview.
        
        i.e. will the investigator be able to obtain unbiased information with a third-party present.
        
        The OCA Investigator may seek the guidance of the Director or Deputy Director.
        
        If MDHHS or a private agency is not willing to allow staff to participate in an OCA interview the OCA Director or Deputy Director should be consulted.
    5. The OCA Investigator shall make every effort to conduct interviews in person, i.e. face to face.
      1. When this is not possible due to schedule conflicts or geographic location the OCA Investigator will use the following to conduct the interview:
        
        Skype video chat
        
        Teams video chat
        
        Telephone
2. OCA staff WILL NOT conduct interviews or submit interview questions via email, chat, or text message unless prior approval from the Director or Deputy Director is obtained.
  1. The OCA Investigator may utilize email to follow up to an interview in order to request documents.
3. MDHHS staff and private agency staff shall not participate in any interview that the OCA Investigator conducts of non-MDHHS or non-private agency employees.
4. Interviews will be conducted in a non-accusatory fashion. The goal is to obtain information with the overall goal of improving child welfare.
  1. In adherence to OCA Policy 1.1 OCA Administrative Guidance when conducting an interview:
    1. Be a positive representative of the Office of the Child Advocate
    2. Be kind, courteous, respectful and treat others with the dignity and respect that you would expect of another State of Michigan employee
5. Safety
  1. When conducting interviews outside of a SOM office:
    1. The OCA Investigator should make their immediate manager aware of the location of the interview and approximate time of the interview.
    2. The OCA Investigator should carry their OCA issued cellular phone with them during interviews
MEMORANDUM OF UNDERSTANDING
1. Policy - Interviewing of Children’s Services Administration or Private Agency Staff
2. The Advocate has agreed to the following: Contact with the county offices will be initiated through a pre-determined point of contact for each county and private agency.
  1. Updating the contact list is the responsibility of the Office of Family Advocate within MDHHS
  2. One central contact list will be maintained in the OCA shared drive.
3. If it is determined that the OCA investigator must interview an employee of a county office or a private agency the OCA investigator should contact the MDHHS OCA/Private Agency Contact to advise them of the interview.
  1. This section of policy should not be misinterpreted as a guideline that the OCA investigator should or has to request permission to interview an MDHHS employee.
  2. The OCA has statutory authority to conduct an independent investigation, which may include interviewing of MDHHS or private agency staff.
  3. Contact with the MDHHS OCA/Private Agency Contact will be used for the following purposes:
    1. Speak with and touch base with the MDHHS OCA/Private Agency Contact when conducting an investigation
    2. Advise the MDHHS OCA/Private Agency Contact of the OCA’s intent to interview an employee
    3. Allow the MDHHS OCA/Private Agency Contact to express concerns regarding an interview due to employer/employee personnel issues
      1. In the event there is an employer/employee issue that is disclosed the OCA investigator will bring this to the attention of the OCA Director or Deputy Director.
      2. The OCA administration in conjunction with the OCA Director or Deputy Director will determine how to proceed.
4. Initial contact with the MDHHS OCA/Private Agency Contact will be done either in person or via telephone.
  1. The OCA Investigator will make reasonable efforts to initiate contact with the MDHHS OCA/Private Agency Contact.
  2. If the MDHHS OCA/Private Agency Contact does not answer or is not available a message will be left asking the “MDHHS OCA/Private Agency Contact” to call the OCA Investigator
5. If the OCA Investigator is not able to make contact with the MDHHS OCA/Private Agency Contact:
  1. The OCA Investigator IS NOT prevented from attempting to interview MDHHS or private agency staff.
  2. When reasonable efforts to speak with the MDHHS OCA/Private Agency Contact were made this should be documented in the OCA records management system.
  3. The OCA Investigator, after attempting to make initial contact with the MDHHS OCA/Private Agency Contact, may still attempt to interview the MDHHS or private agency employee.
6. The MOU does not apply to non-MDHHS or non-private agency employees
  1. Past MDHHS or private agency employees, child(ren), parent, LGAL, medical examiner, Michigan State Trooper etc.
  2. MDHHS staff and private agency staff shall not participate in any interview that the OCA Investigator conducts of non-MDHHS or non-private agency employees.
7. Documenting contact with the MDHHS OCA/Private Agency Contact:
  1. All contacts with the MDHHS OCA/Private Agency Contact shall be documented in MiCAIS
    1. The date(s), time(s), individual(s) contacted and what was said.
  2. All attempted contacts with the MDHHS OCA/Private Agency Contact shall be documented in MiCAIS.
    1. The date(s), time(s), individual(s) contacted and what was said.
INTERVIEW DOCUMENTATION
1. Policy – Documenting the interview
  1. All statements taken during an interview in conjunction with an OCA investigation shall be summarized in record management system within 10 days after completion of the interview.
    1. Generally oral statements are an acceptable means by which OCA staff will receive information from an individual involved in an OCA investigation.
    2. All information furnished by an interviewee shall be included in the investigation report and should detail all of the applicable information provided during the interview. The content of the oral interview shall be the OCA Investigator’s paraphrasing of information provided by the interviewee into the investigation report.
    3. Documentation of the information should be straightforward and easily understood and in logical sequence following the line of questioning and information provided. Documentation of statements shall be written in the first person and in past tense. The exact words of the interviewee, when significant, shall be indicated by quotation marks.
2. All written statements provided by an interviewee concerning an OCA investigation shall be signed and saved into the OCA records management system file as soon as practicable after obtaining the written statement.
  1. The OCA Investigator may encounter situations that warrant the taking of a written statement in lieu of an oral statement (e.g., terminal illness of witness; information that is not easily recalled at a later time).
  2. All written statements shall be signed and dated by the person making the statement. Completion of the statement shall be witnessed and signed by the OCA Investigator.

1.7 Juvenile Justice Policy

OCA Juvenile Justice Policy

Effective Date: December 13, 2024
Revision Date:
Recommended By: Kenyatta Lewis, Deputy Director
Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy outlines the Office of the Child Advocate’s (OCA) procedures for managing and investigating Juvenile Justice complaints. It defines key terms, describes intake and investigative responsibilities, and establishes requirements for assessing whether complaints fall within OCA’s statutory authority. The policy explains how intake analysts determine jurisdiction, identify ward status, and appropriately refer complaints involving criminal, licensing, or child abuse concerns. It also details expectations for conducting thorough, unbiased investigations, including evidence collection, documentation standards, and collaboration with residential facilities and partner agencies. The policy emphasizes objectivity, accuracy, and compliance with relevant laws and regulations to ensure that juvenile justice investigations uphold child safety, best interests, and accountability across residential and agency settings.

PURPOSE
1. It is the purpose of this policy to set guidelines and requirements pertaining to the handling and dispositions of OCA Juvenile Justice complaints. It is the policy of the Office of the Child Advocate to investigate complaints thoroughly and with due diligence, to investigate without bias, presumptions, or assumptions; to uncover facts, and prepare cases for submission as appropriate.
REVISION HISTORY
1. All policies issued before the below-issued date are rescinded
2. Issued: December 13, 2024 Revised:
DEFINITIONS
1. Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department, an adoption attorney, a child placing agency, or a residential facility, with respect to a particular child related to adoption, foster care, protective services, or juvenile justice services.
2. Interested Entity: Any individual making a complaint to the OCA who is not listed as a complainant/interested entity in section 5 of the Advocate Act.
3. Preliminary investigation: means an act of fact finding, document review, or systematic inquiry or examination to determine if there is a correlation between an administrative act and the death of a child or to determine if a trend or systematic issue is identified that would cause the child advocate to open a full investigation.
4. Preliminary investigations are typically conducted at the analyst level. Departmental Specialists may be required to perform these types of investigations.
5. Full Investigation: means an act of fact finding, document review, or systematic inquiry or examination that occurs after the completion of a preliminary investigation.
6. Full Investigations are typically conducted at the Departmental Specialist, or higher, level.
7. Investigation: A preliminary or full investigation or both.
8. Section 5 Complainant: As defined by section 5 of the Advocate Act.
9. Residential facility: means a facility that provides juvenile justice services and is state operated, county operated, public, private and contracted, secure, or nonsecure.
10. Intake types:
  1. Information Request/Referral: The OCA provides information to a complainant/interested entity directing the complainant/interested entity to an outside agency to address a concern or complaint. This would occur when the OCA does not have the authority or ability to investigate, mediate or otherwise address the complainant/interested entity’s concern and has identified an outside agency that is more appropriate to address the complainant/interested entity’s concern(s) or complaint(s).
  2. Complaint: Any incoming request for investigation made to or accepted by the Office of the Child Advocate
11. Child/Juvenile: For the purposes of this policy the terms child and juvenile can be used interchangeably and are defined as a person under the age of
INVESTIGATION PROCESS OVERVIEW
1. General Investigative Process Overview
  1. Because an investigation aims to determine the truth or falsity of matters alleged in the complaint, the procedures used in the investigative process focus on obtaining relevant facts to address the aspects of an allegation.
  2. An investigative plan outlines the pertinent facts of an allegation and how to best obtain evidence that will either prove or disprove matters essential to the offense alleged.
  3. Investigative activities include the examination of documents, such as files, contracts, vouchers, reports, and memoranda. Investigators also obtain information by interviewing witnesses, technical experts, subject matter experts, and the subjects of investigations.
  4. Evidence obtained shall be entered and/or saved into the approved complaint management system.
  5. An OCA investigation will close with an administrative case closure status, an administrative case closure with successful mediation, an administrative case closure with informal remedy, or a finding(s) and recommendation(s) status.
  6. Documents prepared by the OCA Investigator must be factual and accurate. All notes and records must be dated.
INTAKE CONSIDERATIONS
1. Intake analysts must first determine if the complainant has exhausted their administrative means of correcting their complaint.
  1. Intake analysts will provide guidance to the complainant on how to address their issues administratively with the owner/operator/agency that has care and custody of the child and/or MDHHS.
  2. See more in ‘Intake Referrals’ section.
2. Intake analysts must also attempt to identify if the delinquent ward is under the supervision and control of MDHHS and /or the court.
  1. Results will be listed in the preliminary investigation.
    1. Non-ward delinquents (a court petition has been filed but has not been adjudicated).
    2. Delinquent court wards, including juveniles on probation who are supervised by court probation officers, and juveniles directly placed by the court in any placement.
    3. Delinquent Court Wards where the court issues an order that refers the child to MDHHS for placement and care responsibility.
    4. Dual Wards, when a youth has an open foster care case, and the youth has been referred or committed to MDHHS for delinquency placement and supervision or is being supervised by the court.
    5. Juveniles charged as adults and referred to MDHHS for preparation of a presentence investigation report;
    6. Juveniles referred to MDHHS under the Interstate Compact on Juveniles
3. With respect to Juvenile Justice wards, the OCA has statutory authority to investigation a complaint where a child/juvenile is receiving juvenile justice services from a residential facility:
  1. The residential facility may be state operated, county operated, public, private and contracted, secure, or nonsecure.
4. The OCA does not conduct criminal investigations.
  1. If the intake analyst determines the JJ complaint is regarding violations of Michigan’s penal or health code that are criminal in nature the analyst will work with the complainant to refer this matter to the proper law enforcement agency.
  2. During an investigation if it is found that an individual's action is in violation of state or federal criminal law, we must immediately report that fact to the county prosecutor or the attorney general.
    1. If an OCA employee uncovers what is believed to be a criminal act, they will notify their immediate manager.
    2. The process of notification to the law enforcement agency, county prosecutor or the attorney general should begin no later than 24 hours after the preliminary investigator has made this determination.
    3. Clearance to provide information outside of the OCA must first be given by the OCA director or child advocate.
  3. If the complaint is against a child placing agency or residential facility, and is a licensing or regulatory issue, the OCA:
    1. Will refer the matter to the MDHHS Department of Child Welfare Licensing (DCWL) for further action with respect to licensing.
    2. Encourage the complainant to submit their concerns to DCWL.
5. The OCA does not investigate instances of alleged child abuse or neglect.
  1. The OCA staff member will notify their manager if they believe they have uncovered child abuse or neglect in their preliminary investigation.
  2. As a team, the OCA staff member, in concert with their direct manager, the OCA deputy director, and the child advocate, how MDHHS will be notified.
    1. The OCA is also required to notify the residential facility of a known safety issue.
  3. Determinations will be made, based on each complaint’s circumstances, as to whether a law enforcement agency will be notified by the OCA.
    1. The deputy director and/or child advocate must be consulted in advance.
6. Complaints where the OCA does not have statutory authority will be screened out and closed. Efforts will be made to refer the complainant/interested entity to the proper resource.
INTAKE REFERRAL PROCEDURE
1. Juvenile Justice Referrals
  1. In cases where the OCA does not have statutory authority a referral may be the appropriate response to the complainant/interested entity.
    1. This will depend on the OCA’s knowledge base of entities to refer a complainant to.
  2. The Intake Analyst may refer the complainant/interested entity to the appropriate individual or agency as described below:
    1. Advise the complainant/interested entity to contact the juvenile’s attorney to discuss the concerns and ask whether the attorney intends to take any action.
    2. If the complainant/interested entity does not know the attorney’s name, advise the complainant/interested entity to call the court clerk’s office and ask for the attorney’s name and phone number.
    3. If the court refuses to provide the information, or if the juvenile waived an attorney or no attorney was appointed, call State Court Administrative Office (SCAO) and ask to speak to the Family Division Management Analyst (517-373-2451). Inform him or her of the nature of the concerns and ask that SCAO investigate.
INVESTIGATIVE CONSIDERATIONS
1. JJ Investigations
  1. The OCA does not investigate child abuse or neglect. Investigations that uncover child abuse or neglect, will be called into CPS centralized intake.
    1. The analyst or investigator uncovering the suspected child abuse or neglect must inform their direct manager who will then inform the OCA deputy director.
    2. A decision will be made on how and when to contact CPS centralized intake.
      1. This must occur within 24 hours from the original finding.
    3. The decision to contact, any subsequent actions, and the actual contact with CPS centralized intake will be documented by the OCA staff member making the contact. This documentation will appear in the approved OCA complaint database.
  2. In general, OCA investigations will be conducted to determine if an administrative act of a residential facility is contrary to child safety, a child or children’s best interests, law or rule, or the residential facility’s policies.
    1. If there is no immediate harm, the investigator will attempt to find out why the administrative act is occurring, what its purpose is and how it impacts child safety/best interests, law or rule or the residential facilities policies.
      1. Merely finding that the administrative act occurs is not appropriate. The investigator must look further to determine the why behind the act.
    2. If an investigation uncovers what is believed to be a criminal act the investigator will notify their immediate manager.
    3. The immediate manager will notify the OCA deputy director and child advocate.
  3. Specific to the complaint received, OCA investigations will review policies and procedures relating to the department's or a residential facility's involvement with children.
    1. Investigators will review actions of the residential facility staff, contracted agents, owners/operators, or JJ service providers to determine if child safety and/or best interests, law, rule, or policy was adhered to, and is the law, rule, or policy in the best interests of children.
  4. OCA investigations may be used to monitor and ensure compliance with relevant statutes, rules, and policies pertaining to children's protective services and the placement, supervision, treatment, and improving delivery of care of children in foster care and adoptive homes and providing juvenile justice services.
  5. OCA investigators may attempt to mediate issues found within a residential facility when they have uncovered a lack of or insufficient services regarding a residential facility.
    1. OCA investigators will attempt to determine if the services provided are within identified best practices as defined by:
      1. Michigan’s Residential Advisory Committee (RAC) and approved by the Governor.
        
        RAC is responsible for developing best practice standards.
      2. The Supreme Court Administrative Office (SCAO) and approved by the Chief Justice.
        
        SCAO is responsible for developing JJ probationary standards and risk needs assessment standards.
    2. OCA investigations will also attempt to determine if the JJ ward’s treatment plan is being adhered to.
Investigation Guidance
1. The investigation shall include:
  1. Systematic collection of facts for the purposes of describing what occurred and explaining why it occurred
  2. Thorough, impartial and fair fact finding and collection
  3. Circumstances that caused an event or events to take place
  4. Answers to the questions who, what, where, when, why, and how.
2. Thoroughness
  1. The OCA Investigator shall conduct a thorough investigation.
    1. Identify all parties involved, determine which parties are vital to the investigation and conduct interviews of those individuals.
    2. Identify and collect evidence
    3. Uncover all the facts and relevant information.
    4. Take and maintain good notes to assist with report writing.
  2. The OCA investigation incorporates a large amount of documentation review:
    1. Missing documentation: If, during an OCA investigation, it is discovered that actions performed by the agency are not documented, the OCA investigator, as part of the interview, will ask and determine if the action did or did not actually occur.
  3. Objectivity and Impartiality
    1. All OCA Investigators will conduct an investigation that is unbiased and factually based.
    2. The OCA Investigator must be substantially detached from the agency being investigated.
      1. If the OCA Investigator is related to or acquainted with the complainant, an interested entity, an employee of the agency being investigated or any other party of the investigation the OCA Investigator will immediately notify the Director and/or Deputy Director.
    3. The OCA Investigator will not:
      1. Make assumptions
      2. Base conclusions on presumptions, assumptions or prior personal experiences.
      3. Provide an opinion
        
        Exception – Opinions qualified by education or experience
      4. Report information that is not factual.
      5. Purposefully fail to report or fail to disclose factual information that is part of an investigation.
  4. Required cooperation from the department, child placing agencies, and residential facilities:
    1. Upon our request, grant access to all information, records, and documents in the possession of the department, child placing agency, or residential facility that we consider relevant and necessary in our investigation.
      1. Required within 10 days of the request.
    2. Assist us in obtaining necessary releases of those documents that are specifically restricted.
      1. If it is determined that release of the information would violate federal or state law, we must be notified of that determination within 10 days.
    3. Upon our request, provide progress reports concerning the administrative processing of a complaint.
    4. During the course of our investigation the residential facility must ensure that a resident has anonymity, privacy, and procedures in place to accommodate interviews conducted by our office.

1.8 Freedom of Information Act Policy

OCA Freedom of Information Act (FOIA) Policy

Effective Date: April 1, 2020

Revision Date:

Recommended By: Kenyatta Lewis, Deputy Director

Approved By: Ryan Speidel, Child Advocate

Policy Summary

This policy outlines the procedures and responsibilities governing how the Office of the Child Advocate (OCA) handles, reviews, and responds to records requests. Although OCA records are exempt from disclosure under the Freedom of Information Act (FOIA), the policy emphasizes the agency’s commitment to transparency by providing records that are not legally protected. It defines key terms, identifies the role of the Transparency Liaison, and outlines the process staff must follow when a records request is received—including immediate referral, classification of the request, determining eligibility for release under the Child Advocate Act, and issuing timely denials when required. The policy ensures that all requests are processed promptly, consistently, and in compliance with statutory requirements while maintaining the confidentiality of protected OCA investigative records.

PURPOSE
1. It is the purpose of this policy to set guidelines and requirements pertaining to the handling, disposition and response to record requests received by the Office of the Child Advocate
REVISION HISTORY
1. All policies issued prior to the below-issued date are rescinded
  1. Issued: April 1, 2020
  2. Revised:
DEFINITIONS
1. Transparency Liaison: Any individual identified as the Transparency Liaison by the Director or the Director themselves.
2. Section 5 Complainant: As defined by section 5 of the Ombudsman Act.
3. Records Request: Must be a "Written request". Meaning in writing, that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means.
4. Immediately: At once; instantly; without any intervening time space.
FOIA REQUEST PROCESS OVERVIEW
1. Section 9 of the Child Advocate Act
  1. Section 9 of The Child Advocate Act, 1994 PA 204, et seq, states that a record of the advocate's office is exempt from disclosure under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246. Even with this exemption, it is the policy of the OCA to be as transparent as possible and provide the public with the records that do not fall under this exemption.
  2. It is also the policy of the OCA to respond to all FOIA requests timely.
  3. This policy is not meant to supersede any requirements to disclose public information that is not considered a record of the Child Advocate's office.
2. Request for records procedure
  1. When any OCA staff member is in receipt of a request for records the OCA staff member will:
    1. Immediately send the request to the Transparency Liaison for initial review.
    2. The Transparency Liaison will review the request and determine if the request is for any financial record, accounting, audit report, or other report related to the OCA as a state department or if the request is for OCA investigative records.
    3. If the request is for a financial record, accounting, audit report, or other report related to the OCA as a state department that is not an OCA investigative record, the Transparency Liaison will forward the request to the Department of Technology, Management and Budget’s FOIA Coordinator for official response. The OCA will send a letter to the requestor notifying them that their request for records has been submitted to Department of Technology Management and Budget’s FOIA Coordinator.
    4. If the request is for OCA investigative records, the Transparency Liaison will determine if the requestor is permitted under The Child Advocate Act, 1994 PA 204, et seq. to receive any records of the OCA.
    5. If the requestor is NOT permitted under The Child Advocate Act, 1994 PA 204, et seq. to receive records of the OCA the Transparency Liaison will notify the requestor within 5 business days of the denial of the request under Section 9 of The Child Advocate Act, 1994 PA 204, et seq.
      1. The Transparency Liaison shall utilize the Denial of FOIA request letter template (Attachment A) for this notification.
    6. Any request for information not covered in this policy shall be forwarded to the Transparency Liaison for review and processing.

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