HOUSE BILL No. 5334

 

 

December 6, 2017, Introduced by Rep. Miller and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 3 (MCL 722.623), as amended by 2016 PA 35, and

 

by adding section 3b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, a person employed in a professional capacity in any

 


office of the friend of the court, school administrator, school

 

counselor or teacher, law enforcement officer, member of the

 

clergy, or regulated child care provider, or school bus driver or

 

school bus aide whether he or she is employed by a school or by an

 

entity under contract with a school, who has reasonable cause to

 

suspect child abuse or child neglect shall make an immediate report

 

to centralized intake by telephone, or, if available, through the

 

online reporting system, of the suspected child abuse or child

 

neglect. Within 72 hours after making an oral report by telephone

 

to centralized intake, the reporting person shall file a written

 

report as required in this act. If the immediate report has been

 

made using the online reporting system and that report includes the

 

information required in a written report under subsection (2), that

 

report is considered a written report for the purposes of this

 

section and no additional written report is required. 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 or

 

electronic 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 child neglect shall make

 

a report of suspected child abuse or child neglect to the

 

department in the same manner as required under subdivision (a):

 

     (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.

 

     (c) Any employee of an organization or entity that, as a

 

result of federal funding statutes, regulations, or contracts,

 

would be prohibited from reporting in the absence of a state

 

mandate or court order. A person required to report under this

 

subdivision shall report in the same manner as required under

 

subdivision (a).

 

     (2) The written report or a report made using the online

 

reporting system shall contain the name of the child and a

 

description of the child abuse or child 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 child abuse or child neglect, and the manner in

 

which the child abuse or child 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 centralized intake.

 

     (5) Upon receipt of a written report of suspected child abuse

 

or child 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, 145c, 462a to 462h, or 520b to 520g of

 

the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c,

 

750.462a to 750.462h, 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 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 child abuse or child 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 (1)(a). If an allegation,

 

written report, or subsequent investigation indicates that the

 

individual who committed the suspected child abuse or child 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) relieves 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 sexually transmitted

 

infection in a child who is over 1 month of age but less than 12

 

years of age is reasonable cause to suspect child abuse or child

 

neglect has 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.

 

     Sec. 3b. (1) An individual required to report child abuse or

 

child neglect under section 3 is also required to report when he or

 

she has reasonable cause to suspect harm or threatened harm to a

 

child's health or welfare that occurs through nonaccidental sexual

 

abuse by another child.

 

     (2) An individual required to report under subsection (1)

 

shall make a report to the department in the same manner as

 

required under section 3(1)(a).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.