November 1, 2005, Introduced by Reps. Bieda, Zelenko, Vagnozzi and Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
(MCL 722.621 to 722.638) by amending the title, as amended by 1988
PA 372, and by adding section 3b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to require the reporting of child abuse and neglect by
certain persons; to permit the reporting of child abuse and neglect
by all persons; to provide for the protection of children who are
abused or neglected; to authorize limited detainment in protective
custody; to authorize medical examinations; to require certain
reports regarding abuse of animals; to prescribe the powers and
duties of the state department of social services to prevent child
abuse and neglect; to prescribe certain powers and duties of local
law enforcement agencies; to safeguard and enhance the welfare of
children and preserve family life; to provide for the appointment
of legal counsel; to provide for the abrogation of privileged
communications; to provide civil and criminal immunity for certain
persons; to provide rules of evidence in certain cases; to provide
for confidentiality of records; to provide for the expungement of
certain
records; to prescribe penalties; and to repeal certain
acts and parts of acts.
Sec. 3b. (1) In addition to the reporting requirement in
section 3, a person who is required to report suspected child abuse
or neglect under section 3(1) and who knows, or has reasonable
cause to suspect, that the person who is the subject of the report
has also abused or maltreated an animal, shall report that abuse or
maltreatment or suspected abuse or maltreatment of an animal as
provided in subsection (2).
(2) An oral report of suspected animal abuse or maltreatment
made according to this section shall be made immediately by
telephone or by telephone facsimile machine. The person making the
telephone or facsimile report shall follow with a report in writing
within 48 hours after the oral report. Oral and written reports
shall be made to the local society for the prevention of cruelty to
animals or the local police department. The person making the
report shall forward a copy of the written report to the American
society for the prevention of cruelty to animals within 48 hours
after the oral report. Written reports shall be made in a manner
prescribed by the American society for the prevention of cruelty to
animals and shall include the following information:
(a) A description of the animal.
(b) The present location of the animal.
(c) A description of the injury, abuse, or maltreatment of the
animal, including any evidence of prior injuries, abuse, or
maltreatment of the animal or of other animals.
(d) The name and address of the person or persons alleged to
be responsible for causing the injury, abuse, or maltreatment.
(e) The source of the report.
(f) The name, address, and telephone number of the person
making the report.
(g) Any action taken by the reporting source with regard to
the injury, abuse, or maltreatment of the animal.
(3) Written reports from persons or officials required by this
section to report shall be admissible in any proceedings relating
to animal abuse or maltreatment.