HB-5930, As Passed House, April 27, 2006
March 30, 2006, Introduced by Reps. Schuitmaker, Mortimer, Gaffney, Newell, Nofs and Jones and referred to the Committee on Family and Children Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 6 (MCL 722.626), as amended by 1984 PA 418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) If a child suspected of being abused or neglected
is admitted to a hospital or brought to a hospital for outpatient
services and the attending physician determines that the release of
the child would endanger the child's health or welfare, the
attending physician shall notify the person in charge and the
department. The person in charge may detain the child in temporary
protective custody until the next regular business day of the
probate court, at which time the probate court shall order the
child detained in the hospital or in some other suitable place
pending a preliminary hearing as required by section 14 of chapter
12A
of Act No. 288 of the Public Acts of 1939, as amended,
being
section
712A.14 of the Michigan Compiled Laws the probate code of
1939, 1939 PA 288, MCL 712A.14, or order the child released to the
child's parent, guardian, or custodian.
(2) When a child suspected of being an abused or neglected
child is seen by a physician, the physician shall make the
necessary examinations, which may include physical examinations, x-
rays, photographs, laboratory studies, and other pertinent studies.
The physician's written report to the department shall contain
summaries of the evaluation, including medical test results.
(3) If a report is made by a person other than a physician, or
if the physician's report is not complete, the department may
request a court order for a medical evaluation of the child. The
department shall have a medical evaluation made without a court
order
if the child's health is seriously endangered and a
court
order
cannot be obtained. either
of the following occurs:
(a) The child's health is seriously endangered and a court
order cannot be obtained.
(b) The child is displaying symptoms suspected to be the
result of exposure to or contact with methamphetamine production.
Symptoms suspected to be a result of exposure to or contact with
methamphetamine production include, but are not limited to,
respiratory distress or breathing difficulty; red, watering, or
burning eyes; chemical or fire burn; altered gait, staggering, or
falling; or slurred speech.