SB-1254, As Passed House, December 14, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1254

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 8d (MCL 722.628d), as amended by 2002 PA 661.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8d. (1) For the department's determination required by

 

section 8, the categories, and the departmental response required

 

for each category, are the following:

 

     (a) Category V - services not needed. Following a field

 

investigation, the department determines that there is no evidence

 

of child abuse or neglect.

 

     (b) Category IV - community services recommended. Following a

 

field investigation, the department determines that there is not a

 

preponderance of evidence of child abuse or neglect, but the


 

structured decision-making tool indicates that there is future risk

 

of harm to the child. The department shall assist the child's

 

family in voluntarily participating in community-based services

 

commensurate with the risk to the child.

 

     (c) Category III - community services needed. The department

 

determines that there is a preponderance of evidence of child abuse

 

or neglect, and the structured decision-making tool indicates a low

 

or moderate risk of future harm to the child. The department shall

 

assist the child's family in receiving community-based services

 

commensurate with the risk to the child. If the family does not

 

voluntarily participate in services, or the family voluntarily

 

participates in services, but does not progress toward alleviating

 

the child's risk level, the department shall consider reclassifying

 

the case as category II.

 

     (d) Category II - child protective services required. The

 

department determines that there is evidence of child abuse or

 

neglect, and the structured decision-making tool indicates a high

 

or intensive risk of future harm to the child. The department shall

 

open a protective services case and provide the services necessary

 

under this act. The department shall also list the perpetrator of

 

the child abuse or neglect, based on the report that was the

 

subject of the field investigation, on the central registry, either

 

by name or as "unknown" if the perpetrator has not been identified.

 

     (e) Category I - court petition required. The department

 

determines that there is evidence of child abuse or neglect and 1

 

or more of the following are true:

 

     (i) A court petition is required under another provision of


 

this act.

 

     (ii) The child is not safe and a petition for removal is

 

needed.

 

     (iii) The department previously classified the case as category

 

II and the child's family does not voluntarily participate in

 

services.

 

     (iv) There is a violation, involving the child, of a crime

 

listed or described in section 8a(1)(b), (c), (d), or (f) or of

 

child abuse in the first or second degree as prescribed by section

 

136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.

 

     (2) In response to a category I classification, the department

 

shall do all of the following:

 

     (a) If a court petition is not required under another

 

provision of this act, submit a petition for authorization by the

 

court under section 2(b) of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.2.

 

     (b) Open a protective services case and provide the services

 

necessary under this act.

 

     (c) List the perpetrator of the child abuse or neglect, based

 

on the report that was the subject of the field investigation, on

 

the central registry, either by name or as "unknown" if the

 

perpetrator has not been identified.

 

     (3) The department is not required to use the structured

 

decision-making tool for a nonparent adult who resides outside the

 

child's home who is the victim or alleged victim of child abuse or

 

neglect or for an owner, operator, volunteer, or employee of a

 

licensed or registered child care organization or a licensed or


 

unlicensed adult foster care family home or adult foster care small

 

group home as those terms are defined in section 3 of the adult

 

foster care facility licensing act, 1979 PA 218, MCL 400.703.

 

     (4) If following a field investigation the department

 

determines that there is a preponderance of evidence that an

 

individual listed in subsection (3) was the perpetrator of child

 

abuse or neglect, the department shall list the perpetrator of the

 

child abuse or neglect on the central registry.

 

     (5) The department shall furnish a written report described in

 

subsection  (6) to the appropriate legislative standing committees

 

and the house and senate appropriations subcommittees for the

 

department within 4 months after each of the following time

 

periods:

 

     (a) Beginning October 1,  1999  2005 and ending September 30,  

 

2000  2006.

 

     (b) Beginning October 1,  2000  2006 and ending September 30,  

 

2001  2007.

 

     (c) Beginning October 1,  2001  2007 and ending September 30,  

 

2002  2008.

 

     (6) The department shall include in a report required by

 

subsection (5) at least all of the following information regarding

 

all families that were classified in category III at some time

 

during the time period covered by the report:

 

     (a) The total number of families classified in category III.

 

     (b) The number and percentage classified in category III that

 

voluntarily participated in services and that did not participate

 

in services.


 

     (c) The number for which the department entered more than 1

 

determination that there was evidence of child abuse or neglect.

 

     (d) The number the department reclassified from category III

 

to category II.

 

     (b) The number of cases in category III closed or reclassified

 

during the time period covered by the report categorized as

 

follows:

 

     (i) The number of cases referred to voluntary community

 

services and closed with no additional monitoring.

 

     (ii) The number of cases referred to voluntary community

 

services and monitored for up to 90 days.

 

     (iii) The number of cases for which the department entered more

 

than 1 determination that there was evidence of child abuse or

 

neglect.

 

     (iv) The number of cases that the department reclassified from

 

category III to category II.

 

     (v) The number of cases that the department reclassified from

 

category III to category I.

 

     (vi) The number of cases that the department reclassified from

 

category III to category I that resulted in a removal.

 

     (c) For the periods described in subsection (5)(b) and (c),

 

the number of cases that the department reclassified in each of

 

subparagraphs (iv), (v), and (vi) of subdivision (b) that were

 

referred to and provided voluntary community services before being

 

reclassified by the department.