February 24, 2011, Introduced by Reps. Darany, Smiley, Bauer, Slavens, Liss, Santana, Barnett, Tlaib, Geiss, Hovey-Wright, Oakes, Brown, Dillon, Haugh, Switalski, Durhal, Segal, Townsend, Talabi, Brunner, Cavanagh, Meadows, McCann and Lipton and referred to the Committee on Families, Children, and Seniors.
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 under
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, 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 upon the request of the state
department.
(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, 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.