September 7, 2006, Introduced by Senator HARDIMAN and referred to the Committee on Families and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2
as amended by 2004 PA 563 and section 3 as amended by 2006 PA 264.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adult foster care location authorized to care for a
child" means an adult foster care family home or adult foster care
small group home as defined in section 3 of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.703, in which a child
is placed in accordance with section 5 of 1973 PA 116, MCL 722.115.
(b) "Attorney" means, if appointed to represent a child under
the provisions referenced in section 10, an attorney serving as the
child's legal advocate in the manner defined and described in
section 13a of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.13a.
(c) "Central registry" means the system maintained at the
department that is used to keep a record of all reports filed with
the department under this act in which relevant and accurate
evidence of child abuse or neglect is found to exist.
(d) "Central registry case" means a child protective services
case that the department classifies under sections 8 and 8d as
category I or category II. For a child protective services case
that was investigated before July 1, 1999, central registry case
means an allegation of child abuse or neglect that the department
substantiated.
(e) "Child" means a person under 18 years of age.
(f) "Child abuse" means harm or threatened harm to a child's
health or welfare that occurs through nonaccidental physical or
mental injury, sexual abuse, sexual exploitation, or maltreatment,
by a parent, a legal guardian, or any other person responsible for
the child's health or welfare or by a teacher, a teacher's aide, or
a member of the clergy.
(g) "Child care organization" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(h) "Child care provider" means an owner, operator, employee,
or volunteer of a child care organization or of an adult foster
care location authorized to care for a child.
(i)
"Child care regulatory agency" means the department of
consumer
and industry services or a successor state department
that is responsible for the licensing or registration of child care
organizations or the licensing of adult foster care locations
authorized to care for a child.
(j) "Child neglect" means harm or threatened harm to a child's
health or welfare by a parent, legal guardian, or any other person
responsible for the child's health or welfare that occurs through
either of the following:
(i) Negligent treatment, including the failure to provide
adequate food, clothing, shelter, or medical care.
(ii) Placing a child at an unreasonable risk to the child's
health or welfare by failure of the parent, legal guardian, or
other person responsible for the child's health or welfare to
intervene to eliminate that risk when that person is able to do so
and has, or should have, knowledge of the risk.
(k) "Citizen review panel" means a panel established as
required by section 106 of title I of the child abuse prevention
and
treatment act, Public Law 93-247, 42 U.S.C.
USC 5106a.
(l) "Member of the clergy" means a priest, minister, rabbi,
Christian science practitioner, or other religious practitioner, or
similar functionary of a church, temple, or recognized religious
body, denomination, or organization.
(m) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(n) "CPSI system" means the child protective service
information system, which is an internal data system maintained
within
and by the department , and which is separate from the
central registry and not subject to section 7.
(o)
"Department" means the family independence agency
department of human services.
(p) "Director" means the director of the department.
(q) "Expunge" means to physically remove or eliminate and
destroy a record or report.
(r) "High risk" means a report of alleged child abuse or
neglect involving death or serious injury, alleged physical,
sexual, or emotional abuse, neglect, endangerment, or exploitation,
or any situation that threatens the life of a child.
(s) (r)
"Lawyer-guardian ad litem" means an
attorney
appointed under section 10 who has the powers and duties referenced
by section 10.
(t) (s)
"Local office file" means the system used
to keep a
record of a written report, document, or photograph filed with and
maintained by a county or a regionally based office of the
department.
(u) (t)
"Nonparent adult" means a person who is 18
years of
age or older and who, regardless of the person's domicile, meets
all of the following criteria in relation to a child:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related to
the child by blood or affinity to the third degree.
(v) (u)
"Person responsible for the child's health or
welfare" means a parent, legal guardian, person 18 years of age or
older who resides for any length of time in the same home in which
the
child resides, or, except when if
used in section 7(2)(e) or
8(8), nonparent adult; or an owner, operator, volunteer, or
employee of 1 or more of the following:
(i) A licensed or registered child care organization.
(ii) A licensed or unlicensed adult foster care family home or
adult foster care small group home as defined in section 3 of the
adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(w) (v)
"Relevant evidence" means evidence having
a tendency
to make the existence of a fact that is at issue more probable than
it would be without the evidence.
(x) (w)
"Sexual abuse" means engaging in sexual
contact or
sexual penetration as those terms are defined in section 520a of
the Michigan penal code, 1931 PA 328, MCL 750.520a, with a child.
(y) (x)
"Sexual exploitation" includes allowing,
permitting,
or encouraging a child to engage in prostitution, or allowing,
permitting, encouraging, or engaging in the photographing, filming,
or depicting of a child engaged in a listed sexual act as defined
in section 145c of the Michigan penal code, 1931 PA 328, MCL
750.145c.
(z) (y)
"Specified information" means information
in a
children's protective services case record related specifically to
the department's actions in responding to a complaint of child
abuse or neglect. Specified information does not include any of the
following:
(i) Except as provided in this subparagraph regarding a
perpetrator of child abuse or neglect, personal identification
information for any individual identified in a child protective
services record. The exclusion of personal identification
information as specified information prescribed by this
subparagraph does not include personal identification information
identifying an individual alleged to have perpetrated child abuse
or neglect, which allegation has been classified as a central
registry case.
(ii) Information in a law enforcement report as provided in
section 7(8).
(iii) Any other information that is specifically designated as
confidential under other law.
(iv) Any information not related to the department's actions in
responding to a report of child abuse or neglect.
(aa) (z)
"Structured decision-making tool" means
the
department document labeled "DSS-4752 (P3) (3-95)" or a revision of
that document that better measures the risk of future harm to a
child.
(bb) (aa)
"Substantiated" means a child protective
services
case classified as a central registry case.
(cc) (bb)
"Unsubstantiated" means a child protective
services case the department classifies under sections 8 and 8d as
category III, category IV, or category V.
Sec. 3. (1) An individual is required to report under this act
as follows:
(a) A physician, dentist, physician's assistant, registered
dental hygienist, medical examiner, nurse, person licensed to
provide emergency medical care, audiologist, psychologist, marriage
and family therapist, licensed professional counselor, social
worker, licensed master's social worker, licensed bachelor's social
worker, registered social service technician, social service
technician, school administrator, school counselor or teacher, law
enforcement officer, member of the clergy, or regulated child care
provider who has reasonable cause to suspect child abuse or neglect
shall make immediately, by telephone or otherwise, an oral report,
or cause an oral report to be made, of the suspected child abuse or
neglect to the department. Within 72 hours after making the oral
report, the reporting person under this subdivision or subdivision
(b) shall file a written report as required in this act. If the
reporting person is a member of the staff of a hospital, agency, or
school, the reporting person shall notify the person in charge of
the hospital, agency, or school of his or her finding and that the
report has been made, and shall make a copy of the written report
available to the person in charge. A notification to the person in
charge of a hospital, agency, or school does not relieve the member
of the staff of the hospital, agency, or school of the obligation
of reporting to the department as required by this section. One
report from a hospital, agency, or school is adequate to meet the
reporting requirement. A member of the staff of a hospital, agency,
or school shall not be dismissed or otherwise penalized for making
a report required by this act or for cooperating in an
investigation.
(b) A department employee who is 1 of the following and has
reasonable
cause to suspect child abuse or neglect shall make a
report
immediately, by telephone or
otherwise, an oral report, or
cause an oral report to be made, of suspected child abuse or
neglect to the department:
(i) Eligibility specialist.
(ii) Family independence manager.
(iii) Family independence specialist.
(iv) Social services specialist.
(v) Social work specialist.
(vi) Social work specialist manager.
(vii) Welfare services specialist.
(2) The written report shall contain the name of the child and
a description of the abuse or neglect. If possible, the report
shall contain the names and addresses of the child's parents, the
child's guardian, the persons with whom the child resides, and the
child's age. The report shall contain other information available
to the reporting person that might establish the cause of the abuse
or neglect, and the manner in which the abuse or neglect occurred.
(3) The department shall inform the reporting person of the
required contents of the written report at the time the oral report
is made by the reporting person.
(4) The written report required in this section shall be
mailed or otherwise transmitted to the county department of the
county in which the child suspected of being abused or neglected is
found.
(5) Upon receipt of a written report of suspected child abuse
or neglect, the department may provide copies to the prosecuting
attorney and the probate court of the counties in which the child
suspected of being abused or neglected resides and is found.
(6) If an allegation, written report, or subsequent
investigation of suspected child abuse or child neglect indicates a
violation of sections 136b and 145c, sections 520b to 520g of the
Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c, and
750.520b to 750.520g, or section 7401c of the public health code,
1978 PA 368, MCL 333.7401c, involving methamphetamine has occurred,
or if the allegation, written report, or subsequent investigation
indicates that the suspected child abuse or child neglect was
committed by an individual who is not a person responsible for the
child's health or welfare, including, but not limited to, a member
of the clergy, a teacher, or a teacher's aide, the department
shall, within 24 hours of receipt, transmit a copy of the
allegation or written report and the results of any investigation
to a law enforcement agency in the county in which the incident
occurred. If an allegation, written report, or subsequent
investigation indicates that the individual who committed the
suspected abuse or neglect is a child care provider and the
department believes that the report has basis in fact, the
department shall, within 24 hours of completion, transmit a copy of
the written report or the results of the investigation to the child
care regulatory agency with authority over the child care
provider's child care organization or adult foster care location
authorized to care for a child.
(7) If a local law enforcement agency receives an allegation
or written report of suspected child abuse or child neglect or
discovers evidence of or receives a report of an individual
allowing a child to be exposed to or to have contact with
methamphetamine production, and the allegation, written report, or
subsequent investigation indicates that the child abuse or child
neglect or allowing a child to be exposed to or to have contact
with methamphetamine production, was committed by a person
responsible for the child's health or welfare, the local law
enforcement agency shall refer the allegation or provide a copy of
the written report and the results of any investigation to the
county department of the county in which the abused or neglected
child
is found, as required by subsection subsections (1)(a) and
(10). If an allegation, written report, or subsequent investigation
indicates that the individual who committed the suspected abuse or
neglect or allowed a child to be exposed to or to have contact with
methamphetamine production, is a child care provider and the local
law enforcement agency believes that the report has basis in fact,
the local law enforcement agency shall transmit a copy of the
written report or the results of the investigation to the child
care regulatory agency with authority over the child care
provider's child care organization or adult foster care location
authorized
to care for a child. Nothing in this subsection, or
subsection (1), or subsection (10) shall be construed to relieve
the department of its responsibilities to investigate reports of
suspected child abuse or child neglect under this act.
(8) For purposes of this act, the pregnancy of a child less
than 12 years of age or the presence of a venereal disease in a
child who is over 1 month of age but less than 12 years of age is
reasonable cause to suspect child abuse and neglect have occurred.
(9) In conducting an investigation of child abuse or child
neglect, if the department suspects that a child has been exposed
to or has had contact with methamphetamine production, the
department shall immediately contact the law enforcement agency in
the county in which the incident occurred.
(10) If a law enforcement agency receives an allegation of
child abuse or neglect that would be classified as high risk under
this act, the law enforcement agency shall notify the department in
writing within 24 hours of receiving that allegation.