CPL: FOC EMPLOYEES; TORTURE S.B. 1420:
COMMITTEE SUMMARY
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Senate Bill 1420 (as introduced 6-26-08)
Sponsor: Senator Alan L. Cropsey
Committee: Families and Human Services
Date Completed: 8-11-08
CONTENT
The bill would amend the Child Protection Law (CPL) to require an employee of any Friend of the Court office to report suspected child abuse or neglect; and to define "torture" as used in certain provisions relating to child abuse.
The CPL requires certain professionals to report to the Department of Human Services (DHS) if they have reasonable cause to suspect child abuse or neglect. The reporting person must make an oral report immediately, and within 72 hours after making the oral report, must file a written report with the DHS.
The bill would require an employee of any office of the Friend of the Court to comply with reporting requirements under the CPL.
The CPL requires the DHS to submit a petition for authorization by the Family Division of the Circuit Court to place a child under the jurisdiction of the court under certain circumstances, including when the DHS determines that a parent, guardian, or custodian, or a person who is 18 years of age or older and resides for any length of time in the child's home, has abused the child or a sibling of the child, and the abuse included one or more of the following:
-- The abandonment of a young child.
-- Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.
-- Battering, torture, or other severe physical abuse.
-- Loss or serious impairment of an organ or limb.
-- Life threatening injury.
-- Murder or attempted murder.
Under the bill, as used in that provision, "torture" would mean to inflict intense pain to body or mind for purposes of punishment or for sadistic pleasure.
MCL 722.623 & 722.638 Legislative Analyst: Curtis Walker
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: David Fosdick
Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1420/0708