Bill Text: MI HB4704 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Children: protection; child protection law; modify to require the department to document why an investigation was abbreviated and to allow for an abbreviated checklist. Amends secs. 2 & 8e of 1975 PA 238 (MCL 722.622 & 722.628e).

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Engrossed - Dead) 2020-01-21 - Referred To Committee On Families, Seniors And Veterans [HB4704 Detail]

Download: Michigan-2019-HB4704-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4704

 

 

June 11, 2019, Introduced by Reps. Crawford, Hall, Rendon, Webber, Reilly, Liberati, LaFave, Schroeder, Camilleri and Allor and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending sections 2 and 8e (MCL 722.622 and 722.628e), section 2

 

as amended by 2018 PA 59 and section 8e as added by 2008 PA 511.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Abbreviated investigation" means an investigation in

 

which a full investigation with all investigative policy

 

requirements is not conducted and the department has determined

 

that the case will result in a category V disposition.

 

     (b) (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.


     (c) (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.

 

     (d) (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.

 

     (e) (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.

 

     (f) (e) "Centralized intake" means the department's statewide

 

centralized processing center for reports of suspected child abuse

 

and child neglect.

 

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

 

     (h) (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.

 

     (i) (h) "Child care organization" means that term as defined

 

in section 1 of 1973 PA 116, MCL 722.111.


     (j) (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.

 

     (k) (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.

 

     (l) (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, though

 

financially able to do so, or by the failure to seek financial or

 

other reasonable means 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.

 

     (m) (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.


     (n) (m) "Citizen review panel" means a panel established as

 

required by section 5106a of the child abuse prevention and

 

treatment act, 42 USC 5106a.

 

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

 

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

 

     (p) "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) "Department" means the department of health and human

 

services.

 

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

 

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

 

destroy a record or report.

 

     (t) "Investigation checklist" means a tool used by a

 

supervisor to review and verify compliance with investigation

 

requirements.

 

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

 

under section 10 who has the powers and duties referenced by

 

section 10.

 

     (v) (u) "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.

 

     (w) "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.

 

     (x) (v) "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.

 

     (y) (w) "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.

 

     (z) (x) "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.

 

     (aa) (y) "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.

 

     (bb) (z) "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.

 

     (cc) (aa) "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.

 

     (dd) (bb) "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.

 

     (ee) (cc) "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.

 

     (ff) (dd) "Substantiated" means a child protective services

 

case classified as a central registry case.

 

     (gg) (ee) "Unsubstantiated" means a child protective services

 

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

 

III, category IV, or category V.

 

     Sec. 8e. (1) The department shall implement Except as provided

 

in subsection (5), an investigation checklist to shall be used in

 

each investigation of suspected abuse and child neglect handled by

 

the department.

 

     (2) Subject to subsections (3), and (4), and (5), an

 

investigation shall not be closed until the checklist described in

 

subsection (1) is completed.

 

     (3) A If an investigation is not an abbreviated investigation,

 

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 an investigation is not an abbreviated investigation

 

and 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.

 

     (5) A caseworker must document why an investigation was an

 

abbreviated investigation. An investigation checklist is not

 

required for an abbreviated investigation. Before an abbreviated

 

investigation can be closed, the investigation must be approved by

 

the county director or his or her designee. If this review and

 

approval does not occur, the caseworker must conduct a full

 

investigation.

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