Act No. 511

Public Acts of 2008

Approved by the Governor

January 12, 2009

Filed with the Secretary of State

January 13, 2009

EFFECTIVE DATE: April 1, 2009

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Senators Kahn, Jansen, Kuipers, Cropsey, Hardiman, Gilbert, Richardville, Pappageorge, Brown, Van Woerkom and Birkholz

ENROLLED SENATE BILL No. 1421

AN ACT to amend 1975 PA 238, entitled "An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts," (MCL 722.621 to 722.638) by adding section 8e.

The People of the State of Michigan enact:

Sec. 8e. (1) The department shall implement an investigation checklist to be used in each investigation of suspected abuse and neglect handled by the department.

(2) Subject to subsections (3) and (4), an investigation shall not be closed until the checklist described in subsection(1) is completed.

(3) A supervisor must review the completed checklist. If the supervisor determines that the investigation complies with the investigation checklist and with the following state laws and department policy, the investigation may be closed:

(a) Face-to-face contact was made with all alleged child victims.

(b) A petition was filed as required by sections 8d(1)(e), 17, and 18.

(c) A petition was filed when court intervention was needed to ensure child safety.

(d) Any other items that impact child safety and well-being that are specifically outlined in department policy to require the approvals outlined in subsection (4).

(4) If the supervisor determines that the investigation does not comply with the investigation checklist and the state laws and department policy outlined in subsection (3), the supervisor shall determine the reason the investigation checklist and state law or department policy outlined in subsection (3) were not followed. An investigation that falls under this subsection shall not be closed until after the local office director has reviewed the investigation.

Enacting section 1. This amendatory act takes effect April 1, 2009.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor