SB-0273, As Passed House, March 13, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 273

 

 

February 22, 2007, Introduced by Senator HARDIMAN and referred to the Committee on Families and Human Services.

 

 

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 8 (MCL 722.628), as amended by 2006 PA 630.

 

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 and the local law enforcement agency if the

 

report meets the requirements of subsection (3)(a), (b), or (c) or

 

section 3(6) or (9) 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 subsection (3)(a), (b), or (c) or section 3(6) or

 

(9), 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 or exposed to or who has had contact with

 

methamphetamine production. If the child suspected of being abused

 

or exposed to or who has had contact with methamphetamine

 

production 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. For purposes of this subdivision and section 17, "severe

 

physical injury" means an injury to the child that requires medical

 

treatment or hospitalization and that seriously impairs the child's

 

health or physical well-being.

 

     (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.

 

     (f) The child has been exposed to or had contact with

 

methamphetamine production.

 

     (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 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) 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.

 

     (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,

 


2002 PA 687, MCL 333.1071 to 333.1073, 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.