SB-1420, As Passed House, December 18, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1420

A bill to amend 1975 PA 238, entitled

"Child protection law,"

by amending section 3 (MCL 722.623), as amended by 2006 PA 583.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. (1) An individual is required to report under this act

as follows:

(a) A physician, dentist, physician's assistant, registered

dental hygienist, medical examiner, nurse, person licensed to

provide emergency medical care, audiologist, psychologist, marriage

and family therapist, licensed professional counselor, social

worker, licensed master's social worker, licensed bachelor's social

worker, registered social service technician, social service

technician, a person employed in a professional capacity in any

office of the friend of the court, school administrator, school

counselor or teacher, law enforcement officer, member of the

clergy, or regulated child care provider who has reasonable cause

to suspect child abuse or neglect shall make immediately, by

telephone or otherwise, an oral report, or cause an oral report to

be made, of the suspected child abuse or neglect to the department.

Within 72 hours after making the oral report, the reporting person

shall file a written report as required in this act. If the

reporting person is a member of the staff of a hospital, agency, or

school, the reporting person shall notify the person in charge of

the hospital, agency, or school of his or her finding and that the

report has been made, and shall make a copy of the written report

available to the person in charge. A notification to the person in

charge of a hospital, agency, or school does not relieve the member

of the staff of the hospital, agency, or school of the obligation

of reporting to the department as required by this section. One

report from a hospital, agency, or school is adequate to meet the

reporting requirement. A member of the staff of a hospital, agency,

or school shall not be dismissed or otherwise penalized for making

a report required by this act or for cooperating in an

investigation.

(b) A department employee who is 1 of the following and has

reasonable cause to suspect child abuse or neglect shall make a

report of suspected child abuse or neglect to the department in the

same manner as required under subdivision (a):

(i) Eligibility specialist.

(ii) Family independence manager.

(iii) Family independence specialist.

(iv) Social services specialist.

(v) Social work specialist.

(vi) Social work specialist manager.

(vii) Welfare services specialist.

result of federal funding statutes, regulations, or contracts,

would be prohibited from reporting in the absence of a state

mandate or court order. A person required to report under this

subdivision shall report in the same manner as required under

subdivision (a).

(2) The written report shall contain the name of the child and

a description of the abuse or neglect. If possible, the report

shall contain the names and addresses of the child's parents, the

child's guardian, the persons with whom the child resides, and the

child's age. The report shall contain other information available

to the reporting person that might establish the cause of the abuse

or neglect, and the manner in which the abuse or neglect occurred.

(3) The department shall inform the reporting person of the

required contents of the written report at the time the oral report

is made by the reporting person.

(4) The written report required in this section shall be

mailed or otherwise transmitted to the county department of the

county in which the child suspected of being abused or neglected is

found.

(5) Upon receipt of a written report of suspected child abuse

or neglect, the department may provide copies to the prosecuting

attorney and the probate court of the counties in which the child

suspected of being abused or neglected resides and is found.

(6) If an allegation, written report, or subsequent

investigation of suspected child abuse or child neglect indicates a

violation of sections 136b and 145c, sections 520b to 520g of the

Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c, and

750.520b to 750.520g, or section 7401c of the public health code,

1978 PA 368, MCL 333.7401c, involving methamphetamine has occurred,

or if the allegation, written report, or subsequent investigation

indicates that the suspected child abuse or child neglect was

committed by an individual who is not a person responsible for the

child's health or welfare, including, but not limited to, a member

of the clergy, a teacher, or a teacher's aide, the department shall

transmit a copy of the allegation or written report and the results

of any investigation to a law enforcement agency in the county in

which the incident occurred. If an allegation, written report, or

subsequent investigation indicates that the individual who

committed the suspected abuse or neglect is a child care provider

and the department believes that the report has basis in fact, the

department shall, within 24 hours of completion, transmit a copy of

the written report or the results of the investigation to the child

care regulatory agency with authority over the child care

provider's child care organization or adult foster care location

authorized to care for a child.

(7) If a local law enforcement agency receives an allegation

or written report of suspected child abuse or child neglect or

discovers evidence of or receives a report of an individual

allowing a child to be exposed to or to have contact with

methamphetamine production, and the allegation, written report, or

subsequent investigation indicates that the child abuse or child

neglect or allowing a child to be exposed to or to have contact

with methamphetamine production, was committed by a person

responsible for the child's health or welfare, the local law

enforcement agency shall refer the allegation or provide a copy of

the written report and the results of any investigation to the

county department of the county in which the abused or neglected

child is found, as required by subsection (1)(a). If an allegation,

written report, or subsequent investigation indicates that the

individual who committed the suspected abuse or neglect or allowed

a child to be exposed to or to have contact with methamphetamine

production, is a child care provider and the local law enforcement

agency believes that the report has basis in fact, the local law

enforcement agency shall transmit a copy of the written report or

the results of the investigation to the child care regulatory

agency with authority over the child care provider's child care

organization or adult foster care location authorized to care for a

child. Nothing in this subsection or subsection (1) shall be

construed to relieve the department of its responsibilities to

investigate reports of suspected child abuse or child neglect under

this act.

(8) For purposes of this act, the pregnancy of a child less

than 12 years of age or the presence of a venereal disease in a

child who is over 1 month of age but less than 12 years of age is

reasonable cause to suspect child abuse and neglect have occurred.

(9) In conducting an investigation of child abuse or child

neglect, if the department suspects that a child has been exposed