June 26, 2008, Introduced by Senators CROPSEY, JANSEN, KUIPERS, HARDIMAN, GILBERT, RICHARDVILLE, PAPPAGEORGE, BROWN, KAHN, VAN WOERKOM and BIRKHOLZ and referred to the Committee on Families and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 3 and 18 (MCL 722.623 and 722.638), section 3
as amended by 2006 PA 583 and section 18 as amended by 1998 PA 428.
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, an employee of 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.
(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
to or has had contact with methamphetamine production, the
department shall immediately contact the law enforcement agency in
the county in which the incident occurred.
Sec. 18. (1) The department shall submit a petition for
authorization by the court under section 2(b) of chapter XIIA of
1939 PA 288, MCL 712A.2, if 1 or more of the following apply:
(a) The department determines that a parent, guardian, or
custodian, or a person who is 18 years of age or older and who
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 1 or more of
the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse. As
used in this subparagraph, "torture" means to inflict intense pain
to body or mind for purposes of punishment or for sadistic
pleasure.
(iv) Loss or serious impairment of an organ or limb.
(v) Life threatening injury.
(vi) Murder or attempted murder.
(b) The department determines that there is risk of harm to
the child and either of the following is true:
(i) The parent's rights to another child were terminated as a
result of proceedings under section 2(b) of chapter XIIA of 1939 PA
288, MCL 712A.2, or a similar law of another state.
(ii) The parent's rights to another child were voluntarily
terminated following the initiation of proceedings under section
2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law
of another state.
(2) In a petition submitted as required by subsection (1), if
a parent is a suspected perpetrator or is suspected of placing the
child at an unreasonable risk of harm due to the parent's failure
to take reasonable steps to intervene to eliminate that risk, the
family independence agency shall include a request for termination
of parental rights at the initial dispositional hearing as
authorized under section 19b of chapter XIIA of 1939 PA 288, MCL
712A.19b.
(3) If the department is considering petitioning for
termination of parental rights at the initial dispositional hearing
as authorized under section 19b of chapter XIIA of 1939 PA 288, MCL
712A.19b, even though the facts of the child's case do not require
departmental action under subsection (1), the department shall hold
a conference among the appropriate agency personnel to agree upon
the course of action. The department shall notify the attorney
representing the child of the time and place of the conference, and
the attorney may attend. If an agreement is not reached at this
conference, the department director or the director's designee
shall resolve the disagreement after consulting the attorneys
representing both the department and the child.