§26204. Child Advocate; term; appointment; removal
1.
Appointment.
The Governor shall appoint the Child Advocate to supervise the office, serve as the office's administrator and perform all other duties as assigned by this chapter. The appointment must be made on the recommendation of the advisory committee from the list provided pursuant to section 26209, subsection 4, paragraph A and is subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and to confirmation by the Legislature. No later than 8 weeks after receiving the list of candidates from the advisory committee, the Governor shall designate a candidate for Child Advocate from among those recommended by the advisory committee and submit the appointment for approval by the Legislature. If a candidate withdraws from consideration prior to approval by the Legislature, the Governor shall designate another candidate from among the remaining candidates recommended by the advisory committee to the Governor. If the Governor fails to designate a candidate within 8 weeks after receiving the recommendations of the advisory committee, the candidate ranked first by the advisory committee is deemed appointed and submitted for approval by the Legislature. The position of Child Advocate is a full-time, unclassified position.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
2.
Term.
The Child Advocate serves a term of 5 years and until a successor is appointed and approved. A vacancy in the position of Child Advocate must be filled in the same manner as the original appointment was made for the remainder of the unexpired term. The Child Advocate's term may be renewed as described in subsection 3.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
3.
Reappointment.
The advisory committee may recommend reappointment of the Child Advocate by providing notice to the Governor. If the Governor does not respond to the recommendation for reappointment within 8 weeks after receiving the recommendation from the advisory committee, the Child Advocate's reappointment must be referred to the Legislature for approval.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
4.
Qualifications.
A person appointed to the position of Child Advocate must be selected without regard to political affiliation and on the basis of integrity and demonstrated ability and must possess a professional graduate degree in law, health care, public health, social work or a related field and be qualified by education, experience and expertise to perform the duties of the position. The appointee must have knowledge of safety science and juvenile correctional practices or be willing to undergo training as determined by industry standards for safety science-based system and juvenile correctional practices.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
5.
Removal.
The Child Advocate may be removed from office for cause by the Governor with approval by a 2/3 vote of the Senate. As used in this subsection, "cause" includes, but is not limited to, substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the Child Advocate must be stated in writing, and that document must be sent to the Secretary of the Senate and the Clerk of the House of Representatives and is a public document.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
6.
Associate Child Advocate hire; other personnel.
The Child Advocate shall hire an Associate Child Advocate, who must meet the same qualifications required of the Child Advocate as specified in subsection 4. The Child Advocate may, subject to available appropriations, hire such other personnel as the Child Advocate considers necessary for the efficient management of the office. The duties of the personnel must be performed under the supervision of the Child Advocate. If a vacancy occurs in the position of Child Advocate and until such time as a candidate has been appointed by the Governor and approved by the Legislature, the Associate Child Advocate shall serve as the acting Child Advocate and is entitled to the compensation and privileges of and exercises the powers of the Child Advocate.
[PL 2025, c. 724, §3 (NEW); PL 2025, c. 724, §13 (AFF).]
SECTION HISTORY
PL 2025, c. 724, §3 (NEW). PL 2025, c. 724, §13 (AFF).