January 27, 2005, Introduced by Reps. Sheen, Jones, Hoogendyk, Drolet, Gosselin, Brandenburg, Pastor, Stakoe, Marleau, Shaffer, Hildenbrand, Van Regenmorter, Pavlov, Caswell, Gaffney, Gleason and Robertson and referred to the Committee on Family and Children Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 8 and 8c (MCL 722.628 and 722.628c), section 8
as amended by 2004 PA 195 and section 8c as added by 1997 PA 168.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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), 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. If the child
suspected of being abused 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.
(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) The designated school staff person or another individual
with whom the child is familiar shall be present during an
interview with the child by the department investigator. The
designated school staff person or other individual with whom the
child is familiar who is present during the interview must be
someone with whom the child feels comfortable.
(c) (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.
(d) (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. 8c. (1) During an investigation of suspected child abuse
or neglect, the child reported to have been abused or neglected
shall not be interviewed in the presence of an individual suspected
to have perpetrated the abuse.
(2) During an investigation of suspected child abuse or
neglect, the child reported to have been abused or neglected shall
be interviewed in the presence of a designated school staff person
or other individual with whom the child is familiar. The designated
school staff person or other individual with whom the child is
familiar who is present during the interview must be someone with
whom the child feels comfortable.