HB48 Alabama 2015 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Session

Regular Session 2015

Title

Ombudsman for Child Welfare, independent office established in Children's Affairs Department, duties, investigations, discrimination against complaintants prohibited, criminal penalties, Advisory Committee estab., protocol for child abuse cases

Description

This bill would establish the Office of the Ombudsman For Child Welfare. The bill would provide for the State Advisory Committee to the ombudsman that would appoint the ombudsman. The bill would provide for the duties and powers of the ombudsman.

The bill would prohibit discrimination or retaliation against persons filing complaints with the ombudsman and would provide criminal penalties for violations. The bill would also require protocols and require the presiding circuit judge to establish a protocol committee to recommend protocols for the investigation and prosecution of alleged cases of child abuse.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Human Resources Department