HOUSE BILL No. 4128

 

January 25, 2007, Introduced by Reps. Stakoe, Meekhof, Gaffney, Emmons, Wenke and Knollenberg and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2977.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2977. (1) A parent who has committed child abuse or child

 

neglect is liable in a civil action for the cost of any treatment

 

for physical or psychological injuries sustained by the child as a

 

result of the abuse or neglect.

 

     (2) A parent is liable under this section regardless of

 

whether the child is a minor at the time the treatment is provided.

 

     (3) A parent is liable to any of the following under this

 

section:

 

     (a) The child.

 

     (b) The other parent of the child, if the other parent has


 

paid or is liable for the cost of the treatment, unless the other

 

parent is determined to also be responsible for the abuse or

 

neglect.

 

     (c) The individual who provided the treatment or any legal

 

entity or health facility or agency by which the individual is

 

employed or through which the treatment was provided.

 

     (d) An insurance company or other legal entity that has paid

 

the cost of the treatment.

 

     (4) As used in this section, "child abuse" and "child neglect"

 

mean those terms as defined in section 2 of the child protection

 

law, 1975 PA 238, MCL 722.622.