Bill Text: MI HB4493 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Children; protection; school employees; expand to include all persons employed in public or nonpublic schools and include in references to "clergy" any individual who holds himself or herself out as a member of the clergy. Amends secs. 2 & 3 of 1975 PA 238 (MCL 722.622 & 722.623).

Spectrum: Slight Partisan Bill (Republican 13-6)

Status: (Introduced - Dead) 2014-12-04 - Referred To Committee Of The Whole With Substitute S-2 [HB4493 Detail]

Download: Michigan-2013-HB4493-Engrossed.html

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HB-4493, As Passed House, February 4, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4493

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and

 

722.632b), section 2 as amended by 2004 PA 563, section 3 as

 

amended by 2008 PA 510, and section 12b as added by 2012 PA 593.

 

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) "Child" means a person under 18 years of age.

 

     (f) "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,

 

any other school employee, or a member of the clergy.

 

     (g) "Child care organization" means that term as defined in

 

section 1 of 1973 PA 116, MCL 722.111.

 

     (h) "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.

 

     (i) "Child care regulatory agency" means the department of

 

consumer and industry services 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.

 

     (j) "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.

 

     (k) "Citizen review panel" means a panel established as

 

required by section 106 of title I of the child abuse prevention

 

and treatment act, Public Law 93-247, 42 U.S.C. 5106a.42 USC 5106a.

 

     (l) "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.

 

     (m) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (n) "CPSI system" means the child protective service

 

information system, which that is an internal data system

 

maintained within and by the department, and which that is separate

 

from the central registry and not subject to section 7.

 

     (o) "Department" means the family independence

 

agency.department of human services.

 

     (p) "Director" means the director of the department.

 

     (q) "Expunge" means to physically remove or eliminate and

 

destroy a record or report.

 

     (r) "Lawyer-guardian ad litem" means an attorney appointed

 

under section 10 who has the powers and duties referenced by

 

section 10.

 

     (s) "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.

 

     (t) "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.

 

     (u) "Other school employee" means an individual employed by a

 

public or nonpublic school, or by another entity contracted by a

 

public or nonpublic school, who works regularly and continuously

 

for compensation with children on the school premises, including,

 

but not limited to, a janitor or coach or an individual employed by

 

a community college, college, or university in this state to work

 

regularly and continuously with children on behalf of the community

 

college, college, or university. Other school employee does not

 

include an individual compensated or employed by a third party to

 

work on the school premises on an incidental or temporary basis if

 

that work does not involve regular interaction with children. Other

 

school employee does not include an individual who is under 18

 

years of age.

 

     (v) (u) "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.

 

     (w) (v) "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.

 

     (x) (w) "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.

 

     (y) (x) "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.

 

     (z) (y) "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 law enforcement 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.

 

     (aa) (z) "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.

 

     (bb) (aa) "Substantiated" means a child protective services

 

case classified as a central registry case.

 

     (cc) (bb) "Unsubstantiated" means a child protective services

 

case the department classifies under sections 8 and 8d as category

 

III, category IV, or category V.

 

     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, a person employed in a professional capacity in any

 

office of the friend of the court, school administrator, school

 

counselor, or teacher, other school employee, law enforcement

 

officer, member of the clergy, or regulated child care provider who

 

has reasonable cause to suspect child abuse or child 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

 

child 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, community college, college,

 

or university, the reporting person shall notify the person in

 

charge of the hospital, agency, or school, community college,

 

college, or university 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, community college,

 

college, or university does not relieve the member of the staff of

 

the hospital, agency, or school, community college, college, or

 

university of the obligation of reporting to the department as

 

required by this section. One report from a hospital, agency, or

 

school, community college, college, or university is adequate to

 

meet the reporting requirement. A member of the staff of a

 

hospital, agency, or school, community college, college, or

 

university 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 child neglect shall make

 

a report of suspected child abuse or child 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.

 

     (c) Any employee of an organization or entity that, as a

 

result of federal funding statutes, regulations, or contracts,

 

would be prohibited from reporting in the absence of a state

 

mandate or court order. A person required to report under this

 

subdivision shall report in the same manner as required under

 

subdivision (a).

 

     (2) The written report shall contain the name of the child and

 

a description of the child abuse or child 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 child abuse or child neglect, and the manner in

 

which the child abuse or child 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 child 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, or other school

 

employee, 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 child

 

abuse or child 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 child abuse or child 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 or child neglect have

 

has 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. 12b. (1) The task force on the prevention of sexual abuse

 

of children is created within the department.

 

     (2) The governor shall appoint members to the task force in

 

consultation with the department. The appointment of members must

 

reflect the geographic diversity of this state. Members of the task

 

force must include the following:

 

     (a) Individuals who have experience and expertise in the

 

fields of intervention and prevention of child abuse and child

 

neglect, education, or child welfare.

 

     (b) A representative from the Michigan coalition to end

 

domestic and sexual violence.

 

     (c) A representative from the Michigan domestic and sexual

 

violence prevention and treatment board.

 

     (d) A representative from the Michigan chapter of the national

 

children's alliance.

 

     (e) An administrator or staff member of a child assessment

 

center.

 

     (f) A licensed therapist trained to counsel or treat child

 

sexual abuse victims.

 

     (g) A circuit court judge or his or her designee.

 

     (h) A school district board member, intermediate school

 

district board member, or public school academy board member.

 

     (3) The department director or his or her designee shall serve

 

as the task force's presiding officer. The task force shall meet at

 

the call of the presiding officer. The task force shall make

 

recommendations for reducing child sexual abuse in this state. The

 

task force shall also make recommendations for school policies that

 

address the sexual abuse of children. In making those

 

recommendations, the task force shall do all of the following:

 

     (a) Gather information concerning child sexual abuse

 

throughout this state.

 

     (b) Receive reports and testimony from individuals, state and

 

local agencies, community-based organizations, and other public and

 

private organizations.

 

     (c) Review steps taken and programs established in other

 

states to reduce child sexual abuse.

 

     (d) Create goals for state policy that are aimed at preventing

 

child sexual abuse.

 

     (e) Create recommendations and guidelines for school policies

 

addressing sexual abuse of children according to section 1505 of

 

the revised school code, 1976 PA 451, MCL 380.1505. These

 

recommendations and guidelines shall be flexible enough to allow

 

accommodation for local autonomy and values.

 

     (f) Create recommendations and guidelines for age-appropriate,

 

evidence-based child sexual abuse awareness.

 

     (g) Create recommendations and guidelines for school personnel

 

to respond appropriately to pupils affected by sexual abuse.

 

     (h) Create recommendations and guidelines for providing

 

educational material to parents and guardians on the warning signs

 

of child sexual abuse and information on assistance and referrals

 

or resources.

 

     (i) Develop a child sexual abuse protocol to be utilized by

 

all community partners in order to help to identify, prevent, and

 

investigate child sexual abuse.

 

     (j) Submit a final report with the task force's

 

recommendations to the governor and the legislature not later than

 

365 days after the members of the task force are appointed.

 

     (4) The recommendations described under subsection (3) may

 

include proposals for specific statutory changes and methods to

 

foster cooperation among state agencies and between the state and

 

local government.

 

     (5) The task force shall consult with the employees of the

 

department who work on child protection matters, the department of

 

state police, the state board of education, and any other state

 

agency or department necessary to accomplish the task force's

 

responsibilities under this section.

 

     (6) The members of the task force shall serve without

 

compensation and shall not be reimbursed for their expenses.

 

     (6) (7) The task force shall be abolished upon submission of

 

the final report required in subsection (3) to the governor and the

 

legislature.

 

     (7) (8) Upon written request from a child or the child's

 

parent or legal guardian, that child shall be excused, without

 

penalty, from participating in the task force's information-

 

gathering efforts.

 

     (8) (9) As used in this section, "task force" means the task

 

force on the prevention of sexual abuse of children created in

 

subsection (1).

 

     Enacting section 1. This amendatory act takes effect 180 days

 

after the date it is enacted into law.