November 12, 2008, Introduced by Reps. Sheen, Hoogendyk, Agema, Emmons, Palmer, Stahl, Meekhof and Casperson and referred to the Committee on Families and Children's Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 8d (MCL 722.628d), as amended by 2006 PA 618.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8d. (1) For the department's determination required by
section 8, the categories, and the departmental response required
for each category, are the following:
(a) Category V - services not needed. Following a field
investigation, the department determines that there is no evidence
of child abuse or neglect.
(b) Category IV - community services recommended. Following a
field investigation, the department determines that there is not a
preponderance of evidence of child abuse or neglect, but the
structured decision-making tool indicates that there is future risk
of harm to the child. The department shall assist the child's
family in voluntarily participating in community-based services
commensurate with the risk to the child.
(c) Category III - community services needed. The department
determines that there is a preponderance of evidence of child abuse
or neglect, and the structured decision-making tool indicates a low
or moderate risk of future harm to the child. The department shall
assist the child's family in receiving community-based services
commensurate with the risk to the child. If the family does not
voluntarily participate in services, or the family voluntarily
participates in services, but does not progress toward alleviating
the child's risk level, the department shall consider reclassifying
the case as category II.
(d) Category II - child protective services required. The
department determines that there is evidence of child abuse or
neglect, and the structured decision-making tool indicates a high
or intensive risk of future harm to the child. The department shall
open a protective services case and provide the services necessary
under this act. The department shall also list the perpetrator of
the child abuse or neglect, based on the report that was the
subject of the field investigation, on the central registry, either
by name or as "unknown" if the perpetrator has not been identified.
(e) Category I - court petition required. The department
determines that there is evidence of child abuse or neglect and 1
or more of the following are true:
(i) A court petition is required under another provision of
this act.
(ii) The child is not safe and a petition for removal is
needed.
(iii) The department previously classified the case as category
II and the child's family does not voluntarily participate in
services.
(iv) There is a violation, involving the child, of a crime
listed or described in section 8a(1)(b), (c), (d), or (f) or of
child abuse in the first or second degree as prescribed by section
136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.
(2) In response to a category I classification, the department
shall do all of the following:
(a) If a court petition is not required under another
provision of this act, submit a petition for authorization by the
court under section 2(b) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2.
(b) Open a protective services case and provide the services
necessary under this act.
(c) List the perpetrator of the child abuse or neglect, based
on the report that was the subject of the field investigation, on
the central registry, either by name or as "unknown" if the
perpetrator has not been identified.
(3) The department is not required to use the structured
decision-making tool for a nonparent adult who resides outside the
child's home who is the victim or alleged victim of child abuse or
neglect or for an owner, operator, volunteer, or employee of a
licensed or registered child care organization or a licensed or
unlicensed adult foster care family home or adult foster care small
group home as those terms are defined in section 3 of the adult
foster care facility licensing act, 1979 PA 218, MCL 400.703.
(4) If following a field investigation the department
determines that there is a preponderance of evidence that an
individual listed in subsection (3) was the perpetrator of child
abuse or neglect, the department shall list the perpetrator of the
child abuse or neglect on the central registry.
(5) The department shall furnish a written report described in
subsection (6) to the appropriate legislative standing committees
and the house and senate appropriations subcommittees for the
department within 4 months after each of the following time
periods:
(a) Beginning October 1, 2005 and ending September 30, 2006.
(b) Beginning October 1, 2006 and ending September 30, 2007.
(c) Beginning October 1, 2007 and ending September 30, 2008.
(6) The department shall include in a report required by
subsection (5) at least all of the following information regarding
all families that were classified in category III at some time
during the time period covered by the report:
(a) The total number of families classified in category III.
(b) The number of cases in category III closed or reclassified
during the time period covered by the report categorized as
follows:
(i) The number of cases referred to voluntary community
services and closed with no additional monitoring.
(ii) The number of cases referred to voluntary community
services and monitored for up to 90 days.
(iii) The number of cases for which the department entered more
than 1 determination that there was evidence of child abuse or
neglect.
(iv) The number of cases that the department reclassified from
category III to category II.
(v) The number of cases that the department reclassified from
category III to category I.
(vi) The number of cases that the department reclassified from
category III to category I that resulted in a removal.
(c) For the periods described in subsection (5)(b) and (c),
the number of cases that the department reclassified in each of
subparagraphs (iv), (v), and (vi) of subdivision (b) that were
referred to and provided voluntary community services before being
reclassified by the department.
(7) If, following a field investigation, the department
determines a case is category II, III, IV, or V, the department
shall not file a petition for removal.