Bill Text: MI HB4706 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Children: protection; community services investigations; modify certain procedures. Amends sec. 8d of 1975 PA 238 (MCL 722.628d).
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Engrossed - Dead) 2020-01-21 - Referred To Committee On Families, Seniors And Veterans [HB4706 Detail]
Download: Michigan-2019-HB4706-Engrossed.html
Substitute For
HOUSE BILL NO. 4706
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 8d (MCL 722.628d), as amended by 2014 PA 30.
The people of the state of michigan enact:
Sec. 8d. (1) For the department's determination required by section 8, the categories, and the departmental response required for each category, are the following:as follows:
(a) Category V - services not needed. Following a field investigation, the department determines that there is no evidence of child abuse or child neglect.
(b) Category IV - community services recommended. Following a field investigation, the department determines that there is not a preponderance of evidence of child abuse or child neglect, but the structured decision-making tool indicates that there is future risk of harm to the child. The department shall assist the child's family in voluntarily participating in community-based services commensurate with the risk to the child.
(c) Category III - community services needed. The department determines that there is a preponderance of evidence of child abuse or child neglect, and the structured decision-making tool indicates a low or moderate risk of future harm to the child. The department shall assist the child's family in receiving community-based services commensurate with the risk to the child.determine a case under this subdivision as follows:
(i) The department's safety assessment determines that the child is safe with services. The department shall assist the child's family in receiving community-based services commensurate with the risk to the child. The department shall not close a case under this subparagraph until after the department has confirmed and documented the family's participation in community services and the child's well-being. If the family does not voluntarily participate in community services, or the family voluntarily participates in community services, but does not progress toward alleviating the child's risk level, the department shall consider reclassifying the case as category II. As used in this subparagraph and subparagraph (ii):
(A) "Safety assessment" means a statistically validated structured decision-making tool designed to classify whether a child is safe, safe with services, or unsafe and to identify the following:
(I) Safety factors present.
(II) Protecting safety interventions initiated or planned.
(III) Overall safety decisions.
(B) "Safety decision" means a decision based on the assessment of all safety factors, protecting interventions, and any other information known about the case. A safety decision includes 1 of the following determinations:
(I) Safe – The child is safe. No safety factor exists.
(II) Safe with services – At least 1 safety factor is indicated and at least 1 protecting intervention has been put into place.
(III) Unsafe - At least 1 safety factor is indicated and placement is the only protecting intervention possible for the child.
(ii) The department's safety assessment determines that the child is safe. The department shall assist the child's family in receiving community-based services commensurate with the risk to the child. After providing assistance to the family, the department may close a case under this subparagraph. If a case is not closed under this subparagraph and it is determined that the family does not voluntarily participate in community services, or the family voluntarily participates in community services, but does not progress toward alleviating the child's risk level, the department shall consider reclassifying the case as category II.
(d) Category II - child protective services required. The department determines that there is evidence of child abuse or child neglect, and the structured decision-making tool indicates a high or intensive risk of future harm to the child. The department shall open a protective services case and provide the services necessary under this act. The department shall also list the perpetrator of the child abuse or child neglect, based on the report that was the subject of the field investigation, on the central registry as provided in section 7(7), either by name or as "unknown" if the perpetrator has not been identified.
(e) Category I - court petition required. The department determines that there is evidence of child abuse or child neglect and 1 or more of the following are true:
(i) A court petition is required under another provision of this act.
(ii) The child is not safe and a petition for removal is needed.
(iii) The department previously classified the case as category II and the child's family does not voluntarily participate in services.
(iv) There is a violation, involving the child, of a crime listed or described in section 8a(1)(b), (c), (d), or (f) or of child abuse in the first or second degree as prescribed by section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.
(2) In response to a category I classification, the department shall do all of the following:
(a) If a court petition is not required under another provision of this act, submit a petition for authorization by the court under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(b) Open a protective services case and provide the services necessary under this act.
(c) List the perpetrator of the child abuse or child neglect, based on the report that was the subject of the field investigation, on the central registry as provided in section 7(7), either by name or as "unknown" if the perpetrator has not been identified.
(3) The department is not required to use the structured decision-making tool for a nonparent adult who resides outside the child's home who is the victim or alleged victim of child abuse or child neglect or for an owner, operator, volunteer, or employee of a licensed or registered child care organization or a licensed or unlicensed adult foster care family home or adult foster care small group home as those terms are defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(4) If, following a field investigation, the department determines that there is a preponderance of evidence that an individual listed in subsection (3) was the perpetrator of child abuse or child neglect, the department shall list the perpetrator of the child abuse or child neglect on the central registry as provided in section 7(7).
