February 20, 2018, Introduced by Rep. Kosowski and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 11, 11a, 11b, and 11f (MCL 400.11, 400.11a,
400.11b, and 400.11f), sections 11, 11a, and 11f as amended by 1990
PA 122 and section 11b as amended by 2012 PA 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. As used in this section and sections 11a to 11f:
(a) "Abuse" means harm or threatened harm to an adult's health
or welfare caused by another person. Abuse includes, but is not
limited to, nonaccidental physical or mental injury, sexual abuse,
or maltreatment.
(b) "Adult in need of protective services" or "adult" means a
vulnerable
person individual not less than 18 years of age who is
suspected of being or believed to be abused, neglected, or
exploited.
(c) "Exploitation" means an action that involves the misuse of
an adult's funds, property, or personal dignity by another person.
(d) "Neglect" means harm to an adult's health or welfare
caused by the inability of the adult to respond to a harmful
situation or by the conduct of a person who assumes responsibility
for a significant aspect of the adult's health or welfare. Neglect
includes the failure to provide adequate food, clothing, shelter,
or
medical care. A person An
individual shall not be considered to
be abused, neglected, or in need of emergency or protective
services
for the sole reason that the person individual is
receiving or relying upon treatment by spiritual means through
prayer alone in accordance with the tenets and practices of a
recognized church or religious denomination, and this act shall not
require any medical care or treatment in contravention of the
stated
or implied objection of that person.individual.
(e) "Protective services" includes, but is not limited to,
remedial, social, legal, health, mental health, and referral
services provided in response to a report of alleged harm or
threatened harm because of abuse, neglect, or exploitation.
(f) "Veterans' facility" means a long-term care facility and
ancillary facilities for veterans and their dependents as defined
in section 2 of the Michigan veterans' facility authority act, 2016
PA 560, MCL 36.102.
(g) (f)
"Vulnerable" means a
condition in which an adult is
unable to protect himself or herself from abuse, neglect, or
exploitation because of a mental or physical impairment or because
of advanced age.
Sec. 11a. (1) A person who is employed, licensed, registered,
or certified to provide health care, educational, social welfare,
mental health, or other human services; an employee of an agency
licensed to provide health care, educational, social welfare,
mental health, or other human services; a law enforcement officer;
or an employee of the office of the county medical examiner who
suspects or has reasonable cause to believe that an adult has been
abused, neglected, or exploited shall make immediately, by
telephone
or otherwise, an oral report to the county department of
social
services of the county in which the
abuse, neglect, or
exploitation is suspected of having or believed to have occurred.
After making the oral report, the reporting person may file a
written report with the county department. A person described in
this
subsection who is also required to make a report pursuant to
under
section 21771 of the public health
code, Act No. 368 of the
Public
Acts of 1978, as amended, being section 333.21771 of the
Michigan
Compiled Laws 1978 PA 368,
MCL 333.21771, and who makes
that report is not required to make a duplicate report to the
county
department of social services under this section.
(2) A report made by a physician or other licensed health
professional
pursuant to under subsection (1) shall is not
be
considered
a violation of any legally
recognized privileged
communication or a violation of article 15 of the public health
code,
Act No. 368 of the Public Acts of 1978, being sections
333.16101
to 333.18838 of the Michigan Compiled Laws.1978 PA 368,
MCL 333.16101 to 333.18838.
(3) In addition to those persons required to make an oral
report under subsection (1), any person who suspects that an adult
has been abused, neglected, or exploited may make a report to the
county
department of social services of the county in which the
abuse, neglect, or exploitation is suspected of having occurred.
This subsection includes a report of abuse, neglect, or
exploitation concerning an adult residing in a veterans' facility.
(4) The department shall provide a toll-free telephone
complaint line for receiving reports of abuse, neglect, or
exploitation concerning an adult residing in a veterans' facility.
The telephone number shall be listed on the department's website as
the "Veterans' Home Abuse Hotline". The complaint line shall be
accessible 24 hours per day and monitored at a level to ensure that
a response is initiated to a complaint within 24 hours after its
receipt.
(5)
(4) A report made under this section shall contain the
name of the adult and a description of the abuse, neglect, or
exploitation. If possible, the report shall contain the adult's age
and the names and addresses of the adult's guardian or next of kin,
and of the persons with whom the adult resides, including their
relationship to the adult. The report shall contain other
information available to the reporting person that may establish
the cause of the abuse, neglect, or exploitation and the manner in
which the abuse, neglect, or exploitation occurred or is occurring.
The county department shall reduce to writing the information
provided
in an oral report received pursuant to under this section.
(6) (5)
The county department shall report
to a police agency
any criminal activity that it believes to be occurring, upon
receipt of the oral report.
(7) (6)
This section shall not be
construed as limiting does
not limit the responsibilities of the police agency of a local unit
of
government to enforce the laws of this state or as precluding
and does not preclude the police agency from reporting and
investigating, as appropriate, alleged criminal conduct.
Sec. 11b. (1) Within 24 hours after receiving a report made or
information obtained under section 11a, the county department shall
commence
an investigation to determine whether the person
individual suspected of being or believed to be abused, neglected,
or exploited is an adult in need of protective services. A
reasonable belief on the part of the county department that the
person
individual is an adult in need of protective services is a
sufficient basis for investigation. The following applies to an
investigation commenced under this subsection:
(a)
If an investigation pertains to concerns an
adult residing
in an adult foster care facility licensed by the department of
human
services, licensing and
regulatory affairs, the county
department shall provide the adult foster care licensee with the
substance of the abuse or neglect allegations as soon as
practicable after the beginning of the investigation. The licensee
shall have the opportunity to respond to the allegations, and the
response shall be included in the record.
(b) If an investigation concerns an adult residing in a
veterans' facility, the county department shall provide a written
copy of the report made or information obtained under section 11a
to the office of the Michigan veterans' facility ombudsman and the
department of military and veterans affairs within 24 hours after
receiving the report. The county department shall coordinate the
investigation commenced under this subsection with an investigation
undertaken by the office of the Michigan veterans' facility
ombudsman or the department of military and veterans affairs
concerning the report provided under this subdivision.
(2) Upon a request by the county department, local law
enforcement officers shall cooperate with the county department in
an investigation of suspected abuse, neglect, or exploitation.
However,
the The investigation required by this section shall is
not
be in place of an investigation by the appropriate police
agency regarding suspected criminal conduct arising from the
suspected abuse, neglect, or exploitation.
(3) The investigation shall include a determination of the
nature, extent, and cause of the abuse, neglect, or exploitation;
examination
of evidence; identification, if possible, of the person
individual responsible for the abuse, neglect, or exploitation; the
names and conditions of other adults in the place of residence; an
evaluation of the persons responsible for the care of the adult, if
appropriate; the environment of the residence; the relationship of
the adult to the person responsible for the adult's care; an
evaluation as to whether or not the adult would consent to
receiving protective services; and other pertinent data.
(4) The investigation shall include an in-person interview
with the adult. The county department shall conduct the interview
by means of a personal visit with the adult in the adult's dwelling
or in the office of the county department. In attempting to conduct
a personal visit with the adult in the adult's dwelling, if
admission to the dwelling is denied, the county department may seek
to obtain a search warrant as provided in 1966 PA 189, MCL 780.651
to 780.659.
(5) The investigation may include a medical, psychological,
social, vocational, and educational evaluation and review.
(6) In the course of an investigation, the county department
shall determine if the adult is or was abused, neglected, or
exploited. The county department shall make available to the adult
the appropriate and least restrictive protective services, directly
or through the purchase of services from other agencies and
professions, and shall take necessary action to safeguard and
enhance the welfare of the adult, if possible. The county
department also shall collaborate with law enforcement officers,
courts of competent jurisdiction, and appropriate state and
community
agencies providing human services
, which services that
are provided in relation to preventing, identifying, and treating
adult abuse, neglect, or exploitation. If the abuse, neglect, or
exploitation involves substance abuse, the county department shall
collaborate with the local substance abuse coordinating agency as
designated
by the office of substance abuse services in the
department
of community health recovery
oriented systems of care
for
a referral for substance abuse use
disorder services. The
county department may petition for a finding of incapacity and
appointment of a guardian or temporary guardian as provided in
section 5303 or 5312 of the estates and protected individuals code,
1998 PA 386, MCL 700.5303 and 700.5312, and may petition for the
appointment of a conservator as provided in section 5401 of the
estates and protected individuals code, 1998 PA 386, MCL 700.5401,
for a vulnerable adult.
(7) Upon completion of an investigation, the county department
shall prepare a written report of the investigation and its
findings. A copy of this written report shall be forwarded to the
department
of human services upon the request. of the department of
human
services.If an investigation concerns
an adult residing in a
veterans' facility, the county department shall provide a copy of
the written report prepared under this subsection to the
department, the Michigan veterans' facility ombudsman, and the
department of military and veterans affairs.
(8) The county department may provide a copy of the written
report prepared under subsection (7) to the prosecuting attorney
for the county in which the adult suspected of being or believed to
be abused, neglected, or exploited resides or is found.
(9)
A representative from the department, of human services,
the department of state police, the department of attorney general,
and
the office of services to the aging and adult services agency,
and an individual designated by the state attorney general who is a
representative
of long-term care providers, and is designated by
the
state attorney general, shall meet
and develop a state model
protocol for the investigation of vulnerable adult abuse cases.
This
state model protocol shall be developed not more than 1 year
after
the effective date of the amendatory act that added this
subsection.
A county prosecuting attorney, in
cooperation with the
local county department and local law enforcement agencies, may
adopt a local protocol for the investigation of vulnerable adult
abuse cases that is based on the state model protocol.
(10) A representative from the department shall meet with a
representative from the office of the Michigan veterans' facility
ombudsman and a representative from the department of military and
veterans affairs to develop a model protocol for the investigation
of reports of abuse concerning adults residing in veterans'
facilities. The model protocol shall be based on the state model
protocol developed under subsection (9). The model protocol shall
be developed not more than 1 year after the effective date of the
amendatory act that added this subsection.
Sec.
11f. (1) The state Except
as provided in this subsection,
the
department shall not take any action pursuant
to under sections
11 to 11e in the case of a person who is residing in a state funded
and operated facility or institution, including but not limited to
a correctional institution, mental hospital, psychiatric hospital,
psychiatric unit, or a developmental disability regional center.
This subsection does not preclude the department from taking action
in accordance with sections 11 to 11e in the case of an adult who
is residing in a veterans' facility in this state.
(2)
The state department shall not investigate suspected
abuse,
neglect, or any other suspected incident pursuant to under
sections
11 to 11e if the department of public health licensing and
regulatory affairs has investigative and enforcement responsibility
for
the incident pursuant to under
section 20201, 21771, or 21799a
of
the public health code, Act No. 368 of the Public Acts of 1978,
as
amended, being sections 333.20201, 333.21771, and 333.21799a of
the
Michigan Compiled Laws. 1978
PA 368, MCL 333.20201, 333.21771,
and
333.21799a. The state department
shall refer a report of
suspected abuse or neglect in an institution governed by those
sections
to the department of public health.licensing and
regulatory affairs.
(3) Sections 11 to 11e do not preclude the director from
entering into interdepartmental agreements to carry out the duties
and
responsibilities of the state department under sections 11 to
11e in state funded and operated facilities or institutions, or to
coordinate investigation in state licensed facilities under
contract with a state agency in order to avoid duplication of
effort among state agencies having statutory responsibility to
investigate.
(4)
The state department and the department of attorney
general shall enter into an agreement establishing criteria to be
used
to determine those identify
complaints involving a facility
that
receives funding under title XIX of the social security act,
chapter
531, 49 Stat. 620, 42 U.S.C. 1396 to 1396d, 1396f to 1396g,
and
1396i to 1396s, or involving the
delivery of a service funded
under
title XIX. of the social security act, which The complaints
identified under this section shall be referred immediately to the
department of attorney general for possible investigation and
prosecution.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5617 (request no.
05505'18) of the 99th Legislature is enacted into law.