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