June 8, 2016, Introduced by Senators STAMAS, JONES, BOOHER, BRANDENBURG, PROOS, PAVLOV, MACGREGOR, NOFS, HANSEN, EMMONS and ZORN and referred to the Committee on Judiciary.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and
722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8
as amended by 2008 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adult foster care location authorized to care for a
child" means an adult foster care family home or adult foster care
small group home as defined in section 3 of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.703, in which a child
is placed in accordance with section 5 of 1973 PA 116, MCL 722.115.
(b) "Attorney" means, if appointed to represent a child under
the provisions referenced in section 10, an attorney serving as the
child's legal advocate in the manner defined and described in
section 13a of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.13a.
(c) "Central registry" means the system maintained at the
department that is used to keep a record of all reports filed with
the department under this act in which relevant and accurate
evidence of child abuse or child neglect is found to exist.
(d) "Central registry case" means a child protective services
case that the department classifies under sections 8 and 8d as
category I or category II. For a child protective services case
that was investigated before July 1, 1999, central registry case
means an allegation of child abuse or child neglect that the
department substantiated.
(e) "Centralized intake" means the department's statewide
centralized processing center for reports of suspected child abuse
and child neglect.
(f) "Child" means a person under 18 years of age.
(g) "Child abuse" means harm or threatened harm to a child's
health or welfare that occurs through nonaccidental physical or
mental injury, sexual abuse, sexual exploitation, or maltreatment,
by a parent, a legal guardian, or any other person responsible for
the child's health or welfare or by a teacher, a teacher's aide, or
a member of the clergy.
(h) "Child care organization" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(i) "Child care provider" means an owner, operator, employee,
or volunteer of a child care organization or of an adult foster
care location authorized to care for a child.
(j) "Child care regulatory agency" means the department of
licensing and regulatory affairs or a successor state department
that is responsible for the licensing or registration of child care
organizations or the licensing of adult foster care locations
authorized to care for a child.
(k) "Child neglect" means harm or threatened harm to a child's
health or welfare by a parent, legal guardian, or any other person
responsible for the child's health or welfare that occurs through
either of the following:
(i) Negligent treatment, including the failure to provide
adequate food, clothing, shelter, or medical care.
(ii) Placing a child at an unreasonable risk to the child's
health or welfare by failure of the parent, legal guardian, or
other person responsible for the child's health or welfare to
intervene to eliminate that risk when that person is able to do so
and has, or should have, knowledge of the risk.
(l) "Children's advocacy center" means an entity accredited as
a child advocacy center by the National Children's Alliance or its
successor agency or an entity granted associate or developing
membership status by the National Children's Alliance or its
successor agency.
(m) (l) "Citizen
review panel" means a panel established as
required
by section 106 of title I 5106a
of the child abuse
prevention and treatment act, 42 USC 5106a.
(n) (m)
"Member of the clergy"
means a priest, minister,
rabbi, Christian science practitioner, or other religious
practitioner, or similar functionary of a church, temple, or
recognized religious body, denomination, or organization.
(o) (n)
"Controlled substance"
means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(p) (o)
"CPSI system" means the
child protective service
information system, which is an internal data system maintained
within and by the department, and which is separate from the
central registry and not subject to section 7.
(q) (p)
"Department" means the
department of health and human
services.
(r) (q)
"Director" means the
director of the department.
(s) (r)
"Expunge" means to
physically remove or eliminate and
destroy a record or report.
(t) (s)
"Lawyer-guardian ad
litem" means an attorney appointed
under section 10 who has the powers and duties referenced by
section 10.
(u) (t)
"Local office file" means
the system used to keep a
record of a written report, document, or photograph filed with and
maintained by a county or a regionally based office of the
department.
(v) (u)
"Nonparent adult" means a
person who is 18 years of
age or older and who, regardless of the person's domicile, meets
all of the following criteria in relation to a child:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related
to the child by blood or affinity to the third degree.
(w) (v)
"Online reporting system"
means the electronic system
established by the department for individuals identified in section
3(1) to report suspected child abuse or child neglect.
(x) (w)
"Person responsible for the
child's health or welfare"
means a parent, legal guardian, person 18 years of age or older who
resides for any length of time in the same home in which the child
resides, or, except when used in section 7(2)(e) or 8(8), nonparent
adult; or an owner, operator, volunteer, or employee of 1 or more
of the following:
(i) A licensed or registered child care organization.
(ii) A licensed or unlicensed adult foster care family home or
adult foster care small group home as defined in section 3 of the
adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(iii) A court-operated facility as approved under section 14
of the social welfare act, 1939 PA 280, MCL 400.14.
(y) (x)
"Relevant evidence" means
evidence having a tendency
to make the existence of a fact that is at issue more probable than
it would be without the evidence.
(z) (y)
"Sexual abuse" means
engaging in sexual contact or
sexual penetration as those terms are defined in section 520a of
the Michigan penal code, 1931 PA 328, MCL 750.520a, with a child.
(aa) (z)
"Sexual exploitation"
includes allowing, permitting,
or encouraging a child to engage in prostitution, or allowing,
permitting, encouraging, or engaging in the photographing, filming,
or depicting of a child engaged in a listed sexual act as defined
in section 145c of the Michigan penal code, 1931 PA 328, MCL
750.145c.
(bb) (aa)
"Specified information"
means information in a
children's protective services case record related specifically to
the department's actions in responding to a complaint of child
abuse or child neglect. Specified information does not include any
of the following:
(i) Except as provided in this subparagraph regarding a
perpetrator of child abuse or child neglect, personal
identification information for any individual identified in a child
protective services record. The exclusion of personal
identification information as specified information prescribed by
this subparagraph does not include personal identification
information identifying an individual alleged to have perpetrated
child abuse or child neglect, which allegation has been classified
as a central registry case.
(ii) Information in a police agency report or other law
enforcement agency report as provided in section 7(8).
(iii) Any other information that is specifically designated as
confidential under other law.
(iv) Any information not related to the department's actions
in responding to a report of child abuse or child neglect.
(cc) (bb)
"Structured decision-making
tool" means the
department document labeled "DSS-4752 (P3) (3-95)" or a revision of
that document that better measures the risk of future harm to a
child.
(dd) (cc)
"Substantiated" means a
child protective services
case classified as a central registry case.
(ee) (dd)
"Unsubstantiated" means a
child protective services
case the department classifies under sections 8 and 8d as category
III, category IV, or category V.
Sec. 7. (1) The department shall maintain a statewide,
electronic central registry to carry out the intent of this act.
(2) Unless made public as specified information released under
section 7d, a written report, document, or photograph filed with
the department as provided in this act is a confidential record
available only to 1 or more of the following:
(a) A legally mandated public or private child protective
agency investigating a report of known or suspected child abuse or
child neglect or a legally mandated public or private child
protective agency or foster care agency prosecuting a disciplinary
action against its own employee involving child protective services
or foster records.
(b) A police agency or other law enforcement agency
investigating a report of known or suspected child abuse or child
neglect.
(c) A physician who is treating a child whom the physician
reasonably suspects may be abused or neglected.
(d) A person legally authorized to place a child in protective
custody when the person is confronted with a child whom the person
reasonably suspects may be abused or neglected and the confidential
record is necessary to determine whether to place the child in
protective custody.
(e) A person, agency, or organization, including a
multidisciplinary case consultation team, authorized to diagnose,
care for, treat, or supervise a child or family who is the subject
of a report or record under this act, or who is responsible for the
child's health or welfare.
(f) A person named in the report or record as a perpetrator or
alleged perpetrator of the child abuse or child neglect or a victim
who is an adult at the time of the request, if the identity of the
reporting person is protected as provided in section 5.
(g) A court for the purposes of determining the suitability of
a person as a guardian of a minor or that otherwise determines that
the information is necessary to decide an issue before the court,
or in the event of a child's death, a court that had jurisdiction
over that child under section 2(b) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2.
(h) A grand jury that determines the information is necessary
to conduct the grand jury's official business.
(i) A person, agency, or organization engaged in a bona fide
research or evaluation project. The person, agency, or organization
shall not release information identifying a person named in the
report or record unless that person's written consent is obtained.
The person, agency, or organization shall not conduct a personal
interview with a family without the family's prior consent and
shall not disclose information that would identify the child or the
child's family or other identifying information. The department
director may authorize the release of information to a person,
agency, or organization described in this subdivision if the
release contributes to the purposes of this act and the person,
agency, or organization has appropriate controls to maintain the
confidentiality of personally identifying information for a person
named in a report or record made under this act.
(j) A lawyer-guardian ad litem or other attorney appointed as
provided by section 10.
(k) A child placing agency licensed under 1973 PA 116, MCL
722.111 to 722.128, for the purpose of investigating an applicant
for adoption, a foster care applicant or licensee or an employee of
a foster care applicant or licensee, an adult member of an
applicant's or licensee's household, or other persons in a foster
care or adoptive home who are directly responsible for the care and
welfare of children, to determine suitability of a home for
adoption or foster care. The child placing agency shall disclose
the information to a foster care applicant or licensee under 1973
PA 116, MCL 722.111 to 722.128, or to an applicant for adoption.
(l) Family division of circuit court staff authorized by the
court to investigate foster care applicants and licensees,
employees of foster care applicants and licensees, adult members of
the applicant's or licensee's household, and other persons in the
home who are directly responsible for the care and welfare of
children, for the purpose of determining the suitability of the
home for foster care. The court shall disclose this information to
the applicant or licensee.
(m) Subject to section 7a, a standing or select committee or
appropriations subcommittee of either house of the legislature
having jurisdiction over child protective services matters.
(n) The children's ombudsman appointed under the children's
ombudsman act, 1994 PA 204, MCL 722.921 to 722.932.
(o) A child fatality review team established under section 7b
and authorized under that section to investigate and review a child
death.
(p) A county medical examiner or deputy county medical
examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for the
purpose of carrying out his or her duties under that act.
(q) A citizen review panel established by the department.
Access under this subdivision is limited to information the
department determines is necessary for the panel to carry out its
prescribed duties.
(r) A child care regulatory agency.
(s) A foster care review board for the purpose of meeting the
requirements of 1984 PA 422, MCL 722.131 to 722.139a.
(t) A local friend of the court office.
(u) A department employee actively representing himself or
herself in a disciplinary action, a labor union representative who
is actively representing a department employee in a disciplinary
action, or an arbitrator or administrative law judge conducting a
hearing involving a department employee's dereliction, malfeasance,
or misfeasance of duty, for use solely in connection with that
action or hearing. Information disclosed under this subdivision
shall be returned not later than 10 days after the conclusion of
the action or hearing. A recipient shall not receive further
disclosures under this subdivision while he or she retains
disclosed information beyond the deadline specified for return.
(v) A federal or state governmental agency that may, by law,
conduct an audit or similar review of the department's activities
under this act.
(w) A children's advocacy center in the course of providing
services to a child alleged to have been the victim of child abuse
or child neglect or to that child's family.
(3) Subject to subsection (9), a person or entity to whom
information described in subsection (2) is disclosed shall make the
information available only to a person or entity described in
subsection (2). This subsection does not require a court proceeding
to be closed that otherwise would be open to the public.
(4) If the department classifies a report of suspected child
abuse or child neglect as a central registry case, the department
shall maintain a record in the central registry and, within 30 days
after the classification, shall notify in writing each person who
is named in the record as a perpetrator of the child abuse or child
neglect. The notice shall be sent by registered or certified mail,
return receipt requested, and delivery restricted to the addressee.
The notice shall set forth the person's right to request expunction
of the record and the right to a hearing if the department refuses
the request. The notice shall state that the record may be released
under section 7d. The notice shall not identify the person
reporting the suspected child abuse or child neglect.
(5) A person who is the subject of a report or record made
under this act may request the department to amend an inaccurate
report or record from the central registry and local office file. A
person who is the subject of a report or record made under this act
may request the department to expunge from the central registry a
report or record by requesting a hearing under subsection (6). A
report or record filed in a local office file is not subject to
expunction except as the department authorizes, if considered in
the best interest of the child.
(6) A person who is the subject of a report or record made
under this act may, within 180 days from the date of service of
notice of the right to a hearing, request the department hold a
hearing to review the request for amendment or expunction. If the
hearing request is made within 180 days of the notice, the
department shall hold a hearing to determine by a preponderance of
the evidence whether the report or record in whole or in part
should be amended or expunged from the central registry. The
hearing shall be held before a hearing officer appointed by the
department and shall be conducted as prescribed by the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. The department may, for good cause, hold a hearing under
this subsection if the department determines that the person who is
the subject of the report or record submitted the request for a
hearing within 60 days after the 180-day notice period expired.
(7) If the investigation of a report conducted under this act
does not show child abuse or child neglect by a preponderance of
evidence, or if a court dismisses a petition based on the merits of
the petition filed under section 2(b) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, because the
petitioner has failed to establish that the child comes within the
jurisdiction of the court, the information identifying the subject
of the report shall be expunged from the central registry. If a
preponderance of evidence of child abuse or child neglect exists,
or if a court takes jurisdiction of the child under section 2(b) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,
the department shall maintain the information in the central
registry as follows:
(a) Except as provided in subdivision (b), for a person listed
as a perpetrator in category I or II under section 8d, either as a
result of an investigation or as a result of the reclassification
of a case, the department shall maintain the information in the
central registry for 10 years.
(b) For a person listed as a perpetrator in category I or II
under section 8d that involved any of the circumstances listed in
section 17(1) or 18(1), the department shall maintain the
information in the central registry until the department receives
reliable information that the perpetrator of the child abuse or
child neglect is dead. For the purpose of this subdivision,
"reliable information" includes, but is not limited to, information
obtained using the United States social security death index
database.
(c) For a person who is the subject of a report or record made
under
this act before March 31, 2015, the following applies:apply:
(i) Except as provided in subparagraph (ii), for a person
listed as perpetrator in category I or II under section 8d either
as a result of an investigation or as a result of the
reclassification of a case, the department may remove the
information for a person described in this subparagraph after 10
years without a request for amendment or expunction.
(ii) For a person listed as a perpetrator in category I or II
under section 8d that involved any of the circumstances listed in
section 17(1) or 18(1), the department shall maintain the
information in the central registry until the department receives
reliable information that the perpetrator of the child abuse or
child neglect is dead. For the purpose of this subparagraph,
"reliable information" includes, but is not limited to, information
obtained using the United States social security death index
database.
(8) In releasing information under this act, the department
shall not include a report compiled by a police agency or other law
enforcement agency related to an ongoing investigation of suspected
child abuse or child neglect. This subsection does not prohibit the
department from releasing reports of convictions of crimes related
to child abuse or child neglect.
(9) A member or staff member of a citizen review panel shall
not disclose identifying information about a specific child
protection case to an individual, partnership, corporation,
association, governmental entity, or other legal entity. A member
or staff member of a citizen review panel is a member of a board,
council, commission, or statutorily created task force of a
governmental agency for the purposes of section 7 of 1964 PA 170,
MCL 691.1407. Information obtained by a citizen review panel is not
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(10) Documents, reports, or records authored by or obtained
from another agency or organization shall not be released or open
for inspection under subsection (2) unless required by other state
or federal law, in response to an order issued by a judge,
magistrate, or other authorized judicial officer, or unless the
documents, reports, or records are requested for a child abuse or
child neglect case or for a criminal investigation of a child abuse
or child neglect case conducted by law enforcement.
Sec. 8. (1) Within 24 hours after receiving a report made
under this act, the department shall refer the report to the
prosecuting attorney and the local law enforcement agency if the
report meets the requirements of subsection (3)(a), (b), or (c) or
section 3(6) or (9) or shall commence an investigation of the child
suspected of being abused or neglected. Within 24 hours after
receiving a report whether from the reporting person or from the
department under subsection (3)(a), (b), or (c) or section 3(6) or
(9), the local law enforcement agency shall refer the report to the
department if the report meets the requirements of section 3(7) or
shall commence an investigation of the child suspected of being
abused or neglected or exposed to or who has had contact with
methamphetamine production. If the child suspected of being abused
or exposed to or who has had contact with methamphetamine
production is not in the physical custody of the parent or legal
guardian and informing the parent or legal guardian would not
endanger the child's health or welfare, the local law enforcement
agency or the department shall inform the child's parent or legal
guardian of the investigation as soon as the local law enforcement
agency or the department discovers the identity of the child's
parent or legal guardian.
(2) In the course of its investigation, the department shall
determine if the child is abused or neglected. The department shall
cooperate with law enforcement officials, courts of competent
jurisdiction, children's advocacy centers, and appropriate state
agencies providing human services in relation to preventing,
identifying, and treating child abuse and child neglect; shall
provide, enlist, and coordinate the necessary services, directly or
through the purchase of services from other agencies and
professions; and shall take necessary action to prevent further
abuses, to safeguard and enhance the child's welfare, and to
preserve family life where possible. In the course of an
investigation, at the time that a department investigator contacts
an individual about whom a report has been made under this act or
contacts an individual responsible for the health or welfare of a
child about whom a report has been made under this act, the
department investigator shall advise that individual of the
department investigator's name, whom the department investigator
represents, and the specific complaints or allegations made against
the individual. The department shall ensure that its policies,
procedures, and administrative rules ensure compliance with the
provisions of this act.
(3) In conducting its investigation, the department shall seek
the assistance of and cooperate with law enforcement officials
within 24 hours after becoming aware that 1 or more of the
following conditions exist:
(a)
Abuse Child abuse or child
neglect is the suspected cause
of a child's death.
(b) The child is the victim of suspected sexual abuse or
sexual exploitation.
(c)
Abuse Child abuse or
child neglect resulting in severe
physical injury to the child. For purposes of this subdivision and
section 17, "severe physical injury" means an injury to the child
that requires medical treatment or hospitalization and that
seriously impairs the child's health or physical well-being.
(d) Law enforcement intervention is necessary for the
protection of the child, a department employee, or another person
involved in the investigation.
(e) The alleged perpetrator of the child's injury is not a
person responsible for the child's health or welfare.
(f) The child has been exposed to or had contact with
methamphetamine production.
(4) Law enforcement officials shall cooperate with the
department and children's advocacy centers in conducting
investigations under subsections (1) and (3) and shall comply with
sections 5 and 7. The department and law enforcement officials
shall conduct investigations in compliance with the protocols
adopted and implemented as required by subsection (6).
(5) Involvement of law enforcement officials under this
section does not relieve or prevent the department from proceeding
with its investigation or treatment if there is reasonable cause to
suspect that the child abuse or child neglect was committed by a
person responsible for the child's health or welfare.
(6) In each county, the prosecuting attorney and the
department shall develop and establish procedures for involving law
enforcement officials and children's advocacy centers as provided
in this section. In each county, the prosecuting attorney and the
department shall adopt and implement standard child abuse and child
neglect investigation and interview protocols using as a model the
protocols developed by the governor's task force on children's
justice as published in FIA Publication 794 (revised 8-98) and FIA
Publication 779 (8-98), or an updated version of those
publications.
(7) If there is reasonable cause to suspect that a child in
the care of or under the control of a public or private agency,
institution, or facility is an abused or neglected child, the
agency, institution, or facility shall be investigated by an agency
administratively independent of the agency, institution, or
facility being investigated. If the investigation produces evidence
of a violation of section 145c or sections 520b to 520g of the
Michigan penal code, 1931 PA 328, MCL 750.145c and 750.520b to
750.520g, the investigating agency shall transmit a copy of the
results of the investigation to the prosecuting attorney of the
county in which the agency, institution, or facility is located.
(8) A school or other institution shall cooperate with the
department during an investigation of a report of child abuse or
child neglect. Cooperation includes allowing access to the child
without parental consent if access is determined by the department
to be necessary to complete the investigation or to prevent child
abuse or child neglect of the child. The department shall notify
the person responsible for the child's health or welfare about the
department's contact with the child at the time or as soon
afterward as the person can be reached. The department may delay
the notice if the notice would compromise the safety of the child
or child's siblings or the integrity of the investigation, but only
for the time 1 of those conditions exists.
(9) If the department has contact with a child in a school,
all of the following apply:
(a) Before contact with the child, the department investigator
shall review with the designated school staff person the
department's responsibilities under this act and the investigation
procedure.
(b) After contact with the child, the department investigator
shall meet with the designated school staff person and the child
about the response the department will take as a result of contact
with the child. The department may also meet with the designated
school staff person without the child present and share additional
information the investigator determines may be shared subject to
the confidentiality provisions of this act.
(c) Lack of cooperation by the school does not relieve or
prevent the department from proceeding with its responsibilities
under this act.
(10) A child shall not be subjected to a search at a school
that requires the child to remove his or her clothing to expose his
buttocks or genitalia or her breasts, buttocks, or genitalia unless
the department has obtained an order from a court of competent
jurisdiction permitting such a search. If the access occurs within
a hospital, the investigation shall be conducted so as not to
interfere with the medical treatment of the child or other
patients.
(11) The department shall enter each report made under this
act that is the subject of a field investigation into the CPSI
system. The department shall maintain a report entered on the CPSI
system as required by this subsection until the child about whom
the investigation is made is 18 years old or until 10 years after
the investigation is commenced, whichever is later, or, if the case
is classified as a central registry case, until the department
receives reliable information that the perpetrator of the child
abuse or child neglect is dead. Unless made public as specified
information released under section 7d, a report that is maintained
on the CPSI system is confidential and is not subject to the
disclosure requirements of the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(12) After completing a field investigation and based on its
results, the department shall determine in which single category,
prescribed by section 8d, to classify the allegation of child abuse
or child neglect.
(13) Except as provided in subsection (14), upon completion of
the investigation by the local law enforcement agency or the
department, the law enforcement agency or department may inform the
person who made the report as to the disposition of the report.
(14) If the person who made the report is mandated to report
under section 3, upon completion of the investigation by the
department, the department shall inform the person in writing as to
the disposition of the case and shall include in the information at
least all of the following:
(a) What determination the department made under subsection
(12) and the rationale for that decision.
(b) Whether legal action was commenced and, if so, the nature
of that action.
(c) Notification that the information being conveyed is
confidential.
(15) Information sent under subsection (14) shall not include
personally identifying information for a person named in a report
or record made under this act.
(16) Unless section 5 of chapter XII of the probate code of
1939, 1939 PA 288, MCL 712.5, requires a physician to report to the
department, the surrender of a newborn in compliance with chapter
XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20,
is not reasonable cause to suspect child abuse or child neglect and
is not subject to the section 3 reporting requirement. This
subsection does not apply to circumstances that arise on or after
the date that chapter XII of the probate code of 1939, 1939 PA 288,
MCL 712.1 to 712.20, is repealed. This subsection applies to a
newborn whose birth is described in the born alive infant
protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is
considered to be a newborn surrendered under the safe delivery of
newborns law as provided in section 3 of chapter XII of the probate
code of 1939, 1939 PA 288, MCL 712.3.
(17) All department employees involved in investigating child
abuse or child neglect cases shall be trained in the legal duties
to protect the state and federal constitutional and statutory
rights of children and families from the initial contact of an
investigation through the time services are provided.
(18) The department shall determine whether there is an open
friend of the court case regarding a child who is suspected of
being abused or neglected if a child protective services
investigation of child abuse and child neglect allegations result
in any of the following dispositions:
(a) A finding that a preponderance of evidence indicates that
there
has been child abuse and or
child neglect.
(b)
Emergency removal of the child for child abuse and or
child neglect before the investigation is completed.
(c) The family court takes jurisdiction on a petition and a
child is maintained in his or her own home under the supervision of
the department.
(d) If 1 or more children residing in the home are removed and
1 or more children remain in the home.
(e) Any other circumstances that the department determines are
applicable and related to child safety.
(19) If the department determines that there is an open friend
of the court case and the provisions of subsection (18) apply, the
department shall notify the office of the friend of the court in
the county in which the friend of the court case is open that there
is an investigation being conducted under this act regarding that
child and shall also report to the local friend of the court office
when there is a change in that child's placement.
(20) Child protective services may report to the local friend
of the court office any situation in which a parent, more than 3
times within 1 year or on 5 cumulative reports over several years,
made unfounded reports to child protective services regarding
alleged child abuse or child neglect of his or her child.
(21) If the department determines that there is an open friend
of the court case, the department shall provide noncustodial
parents of a child who is suspected of being abused or neglected
with the form developed by the department that has information on
how to change a custody or parenting time court order.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.