HB-5842, As Passed House, April 27, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 5842
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 3, 8, and 17 (MCL 722.623, 722.628, and
722.637), section 3 as amended by 2002 PA 693, section 8 as amended
by 2004 PA 195, and section 17 as added by 1997 PA 168.
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, certified
social
worker, social worker, social work technician 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 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 shall be considered 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 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
family independence
agency
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, or 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
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 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 family
independence agency 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 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) 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.
Sec. 8. (1) Within 24 hours after receiving a report made
under this act, the department shall refer the report to the
prosecuting attorney if the report meets the requirements of
section 3(6) or (9) or shall commence an investigation of the child
suspected of being abused or neglected. Within 24 hours after
receiving a report whether from the reporting person or from the
department under section 3(6) or (9), the local law enforcement
agency shall refer the report to the department if the report meets
the requirements of section 3(7) or shall commence an investigation
of the child suspected of being abused or neglected or exposed to
or who has had contact with methamphetamine production. If the
child suspected of being abused or exposed to or who has had
contact with methamphetamine production is not in the physical
custody of the parent or legal guardian and informing the parent or
legal guardian would not endanger the child's health or welfare,
the agency or the department shall inform the child's parent or
legal guardian of the investigation as soon as the agency or the
department discovers the identity of the child's parent or legal
guardian.
(2) In the course of its investigation, the department shall
determine if the child is abused or neglected. The department shall
cooperate with law enforcement officials, courts of competent
jurisdiction, and appropriate state agencies providing human
services in relation to preventing, identifying, and treating child
abuse and neglect; shall provide, enlist, and coordinate the
necessary services, directly or through the purchase of services
from other agencies and professions; and shall take necessary
action to prevent further abuses, to safeguard and enhance the
child's welfare, and to preserve family life where possible. In the
course of an investigation, at the time that a department
investigator contacts an individual about whom a report has been
made under this act or contacts an individual responsible for the
health or welfare of a child about whom a report has been made
under this act, the department investigator shall advise that
individual of the department investigator's name, whom the
department investigator represents, and the specific complaints or
allegations made against the individual. The department shall
ensure that its policies, procedures, and administrative rules
ensure compliance with the provisions of this act.
(3) In conducting its investigation, the department shall seek
the assistance of and cooperate with law enforcement officials
within 24 hours after becoming aware that 1 or more of the
following conditions exist:
(a) Abuse or neglect is the suspected cause of a child's
death.
(b) The child is the victim of suspected sexual abuse or
sexual exploitation.
(c) Abuse or neglect resulting in severe physical injury to
the child requires medical treatment or hospitalization. For
purposes of this subdivision and section 17, "severe physical
injury" means brain damage, skull or bone fracture, subdural
hemorrhage or hematoma, dislocation, sprains, internal injuries,
poisoning, burns, scalds, severe cuts, or any other physical injury
that seriously impairs the health or physical well-being of a
child.
(d) Law enforcement intervention is necessary for the
protection of the child, a department employee, or another person
involved in the investigation.
(e) The alleged perpetrator of the child's injury is not a
person responsible for the child's health or welfare.
(f) The child has been exposed to or had contact with
methamphetamine production.
(4) Law enforcement officials shall cooperate with the
department in conducting investigations under subsections (1) and
(3) and shall comply with sections 5 and 7. The department and law
enforcement officials shall conduct investigations in compliance
with the protocols adopted and implemented as required by
subsection (6).
(5) Involvement of law enforcement officials under this
section does not relieve or prevent the department from proceeding
with its investigation or treatment if there is reasonable cause to
suspect that the child abuse or neglect was committed by a person
responsible for the child's health or welfare.
(6) In each county, the prosecuting attorney and the
department shall develop and establish procedures for involving law
enforcement officials as provided in this section. In each county,
the prosecuting attorney and the department shall adopt and
implement standard child abuse and neglect investigation and
interview protocols using as a model the protocols developed by the
governor's task force on children's justice as published in FIA
Publication 794 (revised 8-98) and FIA Publication 779 (8-98), or
an updated version of those publications.
(7) If there is reasonable cause to suspect that a child in
the care of or under the control of a public or private agency,
institution, or facility is an abused or neglected child, the
agency, institution, or facility shall be investigated by an agency
administratively independent of the agency, institution, or
facility being investigated. If the investigation produces evidence
of a violation of section 145c or sections 520b to 520g of the
Michigan penal code, 1931 PA 328, MCL 750.145c and 750.520b to
750.520g, the investigating agency shall transmit a copy of the
results of the investigation to the prosecuting attorney of the
county in which the agency, institution, or facility is located.
(8) A school or other institution shall cooperate with the
department during an investigation of a report of child abuse or
neglect. Cooperation includes allowing access to the child without
parental consent if access is determined by the department to be
necessary to complete the investigation or to prevent abuse or
neglect of the child. However, the department shall notify the
person responsible for the child's health or welfare about the
department's contact with the child at the time or as soon
afterward as the person can be reached. The department may delay
the notice if the notice would compromise the safety of the child
or child's siblings or the integrity of the investigation, but only
for the time 1 of those conditions exists.
(9) If the department has contact with a child in a school,
all of the following apply:
(a) Before contact with the child, the department investigator
shall review with the designated school staff person the
department's responsibilities under this act and the investigation
procedure.
(b) After contact with the child, the department investigator
shall meet with the designated school staff person and the child
about the response the department will take as a result of contact
with the child. The department may also meet with the designated
school staff person without the child present and share additional
information the investigator determines may be shared subject to
the confidentiality provisions of this act.
(c) Lack of cooperation by the school does not relieve or
prevent the department from proceeding with its responsibilities
under this act.
(10) A child shall not be subjected to a search at a school
that requires the child to remove his or her clothing to expose his
buttocks or genitalia or her breasts, buttocks, or genitalia unless
the department has obtained an order from a court of competent
jurisdiction permitting such a search. If the access occurs within
a hospital, the investigation shall be conducted so as not to
interfere with the medical treatment of the child or other
patients.
(11) The department shall enter each report made under this
act that is the subject of a field investigation into the CPSI
system. The department shall maintain a report entered on the CPSI
system as required by this subsection until the child about whom
the investigation is made is 18 years old or until 10 years after
the investigation is commenced, whichever is later, or, if the case
is classified as a central registry case, until the department
receives reliable information that the perpetrator of the abuse or
neglect is dead. Unless made public as specified information
released under section 7d, a report that is maintained on the CPSI
system is confidential and is not subject to the disclosure
requirements of the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(12) After completing a field investigation and based on its
results, the department shall determine in which single category,
prescribed by section 8d, to classify the allegation of child abuse
or neglect.
(13) Except as provided in subsection (14), upon completion of
the investigation by the local law enforcement agency or the
department, the law enforcement agency or department may inform the
person who made the report as to the disposition of the report.
(14) If the person who made the report is mandated to report
under section 3, upon completion of the investigation by the
department, the department shall inform the person in writing as to
the disposition of the case and shall include in the information at
least all of the following:
(a) What determination the department made under subsection
(12) and the rationale for that decision.
(b) Whether legal action was commenced and, if so, the nature
of that action.
(c) Notification that the information being conveyed is
confidential.
(15) Information sent under subsection (14) shall not include
personally identifying information for a person named in a report
or record made under this act.
(16) Unless section 5 of chapter XII of the probate code of
1939, 1939 PA 288, MCL 712.5, requires a physician to report to the
department, the surrender of a newborn in compliance with chapter
XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20,
is not reasonable cause to suspect child abuse or neglect and is
not subject to the section 3 reporting requirement. This subsection
does not apply to circumstances that arise on or after the date
that chapter XII of the probate code of 1939, 1939 PA 288, MCL
712.1 to 712.20, is repealed. This subsection applies to a newborn
whose birth is described in the born alive infant protection act
and who is considered to be a newborn surrendered under the safe
delivery of newborns law as provided in section 3 of chapter XII of
the probate code of 1939, 1939 PA 288, MCL 712.3.
(17) All department employees involved in investigating child
abuse or child neglect cases shall be trained in the legal duties
to protect the state and federal constitutional and statutory
rights of children and families from the initial contact of an
investigation through the time services are provided.
Sec. 17. Within 24 hours after the department determines that
a
child was severely physically injured as defined in section 8,
or
sexually abused, or allowed to be exposed to or have contact
with methamphetamine production, the department shall submit a
petition for authorization by the court under section 2(b) of
chapter XIIA of 1939 PA 288, MCL 712A.2.