House Introduced Bill 5491

HOUSE BILL No. 5491

March 8, 2000, Introduced by Rep. Hart and referred to the Committee on Family and Civil Law.

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 11b and 115j (MCL 400.11b and 400.115j),

section 11b as amended by 1990 PA 122 and section 115j as added

by 1994 PA 238.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 11b. (1) Within 24 hours after receiving a report made

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or information obtained pursuant to section 11a, the county

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department of social services FAMILY INDEPENDENCE AGENCY shall

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commence an investigation to determine whether the person sus-

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pected of being or believed to be abused, neglected, or exploited

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is an adult in need of protective services. A reasonable belief

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on the part of the county department that the person is an adult

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in need of protective services is a sufficient basis for

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investigation. If an investigation pertains to an adult residing

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in an adult foster care facility licensed by the Michigan

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department of social services FAMILY INDEPENDENCE AGENCY, the

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county department shall provide the adult foster care licensee

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with the substance of the abuse or neglect allegations as soon as

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practicable after the beginning of the investigation. The

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licensee shall have the opportunity to respond to the allega-

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tions, and the response shall be included in the record.

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(2) Upon a request by the county department, local law

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enforcement officers shall cooperate with the county department

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in an investigation of suspected abuse, neglect, or

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exploitation. However, the investigation required by this sec-

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tion shall not be in place of an investigation by the appropriate

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police agency regarding suspected criminal conduct arising from

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the suspected abuse, neglect, or exploitation.

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(3) The investigation shall include a determination of the

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nature, extent, and cause of the abuse, neglect, or exploitation;

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examination of evidence; identification, if possible, of the

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person responsible for the abuse, neglect, or exploitation; the

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names and conditions of other adults in the place of residence;

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an evaluation of the persons responsible for the care of the

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adult, if appropriate; the environment of the residence; the

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relationship of the adult to the person responsible for the

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adult's care; an evaluation as to whether or not the adult would

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consent to receiving protective services; and any other perti-

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nent data.

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(4) The investigation shall include an interview with the

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adult. The county department shall conduct the interview by

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means of a personal visit with the adult in the adult's dwelling

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or in the office of the county department, by telephone conversa-

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tion, or by any other means that may be available to the county

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department. In attempting to conduct a personal visit with the

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adult in the adult's dwelling, if admission to the dwelling is

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denied, the county department may seek to obtain a search warrant

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pursuant to Act No. 189 of the Public Acts of 1966, being sec-

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tions 780.651 to 780.659 of the Michigan Compiled Laws AS PRO-

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VIDED IN 1966 PA 189, MCL 780.651 TO 780.659.

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(5) The investigation may include a medical, psychological,

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social, vocational, and educational evaluation and review.

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(6) In the course of an investigation, the county department

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shall determine if the adult is or was abused, neglected, or

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exploited. The county department shall make available to the

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adult the appropriate and least restrictive protective services,

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directly or through the purchase of services from other agencies

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and professions, and shall take necessary action to safeguard and

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enhance the welfare of the adult, if possible. The county

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department also shall collaborate with law enforcement officers,

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courts of competent jurisdiction, and appropriate state and com-

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munity agencies providing human services, which services are pro-

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vided in relation to preventing, identifying, and treating adult

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abuse, neglect, or exploitation. If the abuse, neglect, or

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exploitation involves substance abuse, the county department

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shall collaborate with the local substance abuse coordinating

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agency as designated by the office of substance abuse services in

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the department of public health COMMUNITY HEALTH for a referral

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for substance abuse services. The county department may petition

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for a finding of incapacity and appointment of a guardian or tem-

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porary guardian pursuant to section 443 or 453 of the revised

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probate code, Act No. 642 of the Public Acts of 1978, as amended,

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being sections 700.443 and 700.453 of the Michigan Compiled Laws

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AS PROVIDED IN SECTION 5303 OR 5312 OF THE ESTATES AND PROTECTED

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INDIVIDUALS CODE, 1998 PA 386, MCL 700.5303 AND 700.5312, and may

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petition for the appointment of a conservator pursuant to sec-

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tion 461 of Act No. 642 of the Public Acts of 1978, being section

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700.461 of the Michigan Compiled Laws AS PROVIDED IN SECTION

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5401 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386,

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MCL 700.5401, for a vulnerable adult.

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(7) Upon completion of an investigation, the county depart-

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ment shall prepare a written report of the investigation and its

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findings. A copy of this written report shall be forwarded to

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the state department upon the request of the state department.

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(8) The county department may provide a copy of the written

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report to the prosecuting attorney for the county in which the

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adult suspected of being or believed to be abused, neglected, or

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exploited resides or is found.

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Sec. 115j. (1) An adoption subsidy shall continue until 1

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of the following occurs:

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(a) The adoptee becomes 18 years of age.

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(b) The adoptee is emancipated.

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(c) The adoptee dies.

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(d) The adoption is terminated.

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(e) A determination of ineligibility is made by the

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department.

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(2) If sufficient funds are appropriated, the department may

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continue an adoption subsidy for an adoptee under 21 years of age

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if the department determines that the adoptee is a student regu-

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larly attending a high school, college, university, or vocational

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school in pursuance of a course of study leading to a high school

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diploma, college degree, or gainful employment.

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(3) An adoption subsidy shall continue even if the adoptive

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parent or parents leave the state.

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(4) An adoption support subsidy shall continue during a

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period in which the adoptee is removed from his or her home as a

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temporary court ward.

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(5) Upon the death of the adoptive parent, the department

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shall continue making adoption subsidy payments to the guardian

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of the adoptee if a guardian is appointed under section 422 or

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424 of the revised probate code, Act No. 642 of the Public Acts

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of 1978, being sections 700.422 and 700.424 of the Michigan

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Compiled Laws AS PROVIDED IN SECTION 5202 OR 5204 OF THE ESTATES

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AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5202 AND

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700.5204.

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Enacting section 1. This amendatory act takes effect April

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1, 2000.

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