HOUSE BILL No. 4631


     May 4, 1999, Introduced by Reps. Hart, Koetje, DeRossett, Tabor, Julian, Voorhees, Birkholz, Lemmons and Kukuk and referred to the Committee on Family and Children Services.


        A bill to amend 1975 PA 238, entitled

   "Child protection law,"

   by amending section 3 (MCL 722.623), as amended by 1994 PA 177.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  (1) A physician, coroner, dentist, registered

 2    dental hygienist, medical examiner, nurse,  a  person licensed to

 3    provide emergency medical care, audiologist, psychologist, mar-

 4    riage and family therapist, licensed professional counselor, cer-

 5    tified social worker, social worker, social work technician,

 6    school administrator, school counselor or teacher, law enforce-

 7    ment officer, or regulated child care provider who has reasonable

 8    cause to suspect child abuse or neglect shall make immediately,

 9    by telephone or otherwise, an oral report, or cause an oral

10    report to be made, of the suspected child abuse or neglect to the

11    department.  Within 72 hours after making the oral report, the


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 1    reporting person shall file a written report as required in this

 2    act.  If the reporting person is a STAFF member  of the staff  of

 3    a hospital, agency, or school, the reporting person shall notify

 4    the person in charge of the hospital, agency, or school of his or

 5    her finding and that the report has been made, and shall make a

 6    copy of the written report available to the person in charge.

 7    One report from a hospital, agency, or school shall be considered

 8    adequate to meet the reporting requirement.  A STAFF member  of

 9     the staff  of a hospital, agency, or school shall not be dis-

10    missed or otherwise penalized for making a report required by

11    this act or for cooperating in an investigation.

12         (2) The written report shall contain the CHILD'S name  of

13     the child  and a description of the abuse or neglect.  If possi-

14    ble, the report shall contain the names and addresses of the

15    child's parents, the child's guardian, the persons with whom the

16    child resides, and the child's age.  The report shall contain

17    other information available to the reporting person  which  THAT

18    might establish the cause of the abuse or neglect, and the manner

19    in which the abuse or neglect occurred.

20         (3) The department shall inform the reporting person of the

21    required contents of the written report at the time  the oral

22     report is made by  the reporting person MAKES THE ORAL REPORT.

23         (4) The written report required in this section shall be

24    mailed or otherwise transmitted to the county  department of

25     social services  FAMILY INDEPENDENCE AGENCY of the county in

26    which the child suspected of being abused or neglected is found.





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

 2    abuse or neglect, the department may provide copies to the

 3    prosecuting attorney and the probate court of the counties in

 4    which the child suspected of being abused or neglected resides

 5    and is found.

 6         (6) If the report or subsequent investigation indicates a

 7    violation of  sections  SECTION 136b  and  OR 145c or sections

 8    520b to 520g of the Michigan penal code,  Act No. 328 of the

 9     Public Acts of 1931, being sections 750.136b, 750.145c and

10     750.520b to 750.520g of the Michigan Compiled Laws  1931 PA 328,

11    MCL 750.136B, 750.145C, AND 750.520B TO 750.520G, or if the

12    report or subsequent investigation indicates that the suspected

13    abuse was not committed by a person responsible for the child's

14    health or welfare, and the department believes that the report

15    has basis in fact, the department shall transmit a copy of the

16    written report and the results of any investigation to the prose-

17    cuting attorney of the counties in which the child resides and is

18    found.

19         (7) If a local law enforcement agency receives a written

20    report of suspected child abuse or neglect, whether from the

21    reporting person or the department, the report or subsequent

22    investigation indicates that the abuse or neglect was committed

23    by a person responsible for the child's health or welfare, and

24    the local law enforcement agency believes that the report has

25    basis in fact, the local law enforcement agency shall provide a

26    copy of the written report and the results of any investigation

27    to the county  department of social services  FAMILY INDEPENDENCE



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 1    AGENCY of the county in which the abused or neglected child is

 2    found.  Nothing in this subsection or subsection (6) shall be

 3    construed to relieve the department of its responsibility to

 4    investigate reports of suspected child abuse or neglect under

 5    this act.

 6         (8) For purposes of this act, the pregnancy of a child less

 7    than  12  16 years of age or the presence of a venereal disease

 8    in a child who is over 1 month of age but less than  12  16 years

 9    of age  shall be  IS reasonable cause to suspect child abuse and

10    neglect have occurred.




































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