HB-5210, As Passed House, December 3, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 5210

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11b. (1) Within 24 hours after receiving a report made or

information obtained pursuant to section 11a, the county family

independence agency department shall commence an investigation to

determine whether the person suspected of being or believed to be

abused, neglected, or exploited is an adult in need of protective

services. A reasonable belief on the part of the county department

that the person is an adult in need of protective services is a

sufficient basis for investigation. If an investigation pertains to

an adult residing in an adult foster care facility licensed by the

Michigan family independence agency department of human services,

the county department shall provide the adult foster care licensee

with the substance of the abuse or neglect allegations as soon as

practicable after the beginning of the investigation. The licensee

shall have the opportunity to respond to the allegations, and the

response shall be included in the record.

     (2) Upon a request by the county department, local law

enforcement officers shall cooperate with the county department in

an investigation of suspected abuse, neglect, or exploitation.

However, the investigation required by this section shall not be in

place of an investigation by the appropriate police agency

regarding suspected criminal conduct arising from the suspected

abuse, neglect, or exploitation.

     (3) The investigation shall include a determination of the

nature, extent, and cause of the abuse, neglect, or exploitation;

examination of evidence; identification, if possible, of the person

responsible for the abuse, neglect, or exploitation; the names and

conditions of other adults in the place of residence; an evaluation

of the persons responsible for the care of the adult, if

appropriate; the environment of the residence; the relationship of

the adult to the person responsible for the adult's care; an

evaluation as to whether or not the adult would consent to

receiving protective services; and other pertinent data.

     (4) The investigation shall include an interview with the

adult. The county department shall conduct the interview by means

of a personal visit with the adult in the adult's dwelling or in

the office of the county department, by telephone conversation, or

by other means that may be available to the county department. In

attempting to conduct a personal visit with the adult in the

adult's dwelling, if admission to the dwelling is denied, the

county department may seek to obtain a search warrant as provided

in 1966 PA 189, MCL 780.651 to 780.659.

     (5) The investigation may include a medical, psychological,

social, vocational, and educational evaluation and review.

     (6) In the course of an investigation, the county department

shall determine if the adult is or was abused, neglected, or

exploited. The county department shall make available to the adult

the appropriate and least restrictive protective services, directly

or through the purchase of services from other agencies and

professions, and shall take necessary action to safeguard and

enhance the welfare of the adult, if possible. The county

department also shall collaborate with law enforcement officers,

courts of competent jurisdiction, and appropriate state and

community agencies providing human services, which services are

provided in relation to preventing, identifying, and treating adult

abuse, neglect, or exploitation. If the abuse, neglect, or

exploitation involves substance abuse, the county department shall

collaborate with the local substance abuse coordinating agency as

designated by the office of substance abuse services in the

department of community health for a referral for substance abuse

services. The county department may petition for a finding of

incapacity and appointment of a guardian or temporary guardian as

provided in section 5303 or 5312 of the estates and protected

individuals code, 1998 PA 386, MCL 700.5303 and 700.5312, and may

petition for the appointment of a conservator as provided in

section 5401 of the estates and protected individuals code, 1998 PA

386, MCL 700.5401, for a vulnerable adult.

     (7) Upon completion of an investigation, the county department

shall prepare a written report of the investigation and its

findings. A copy of this written report shall be forwarded to the

state department of human services upon the request of the state

department of human services.

     (8) The county department may provide a copy of the written

report to the prosecuting attorney for the county in which the

adult suspected of being or believed to be abused, neglected, or

exploited resides or is found.

     (9) Representatives from the department of human services, the

department of state police, the department of attorney general, and

the office of services to the aging shall meet and develop a state

model protocol for the investigation of vulnerable adult abuse

cases. This state model protocol shall be developed not more than

120 days after the amendatory act that added this subsection takes

effect. A county prosecuting attorney, in cooperation with the

local county department and local law enforcement agencies, may

adopt a local protocol for the investigation of vulnerable adult

abuse cases that is based on the state model protocol.