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.