Bill Text: MI HB5538 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Children; protection; mandatory reporting requirements for child abuse or child neglect; expand to include K-12 or postsecondary coaches, athletic trainers, and volunteers. Amends sec. 3 of 1975 PA 238 (MCL 722.623).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-13 - Bill Electronically Reproduced 02/08/2018 [HB5538 Detail]
Download: Michigan-2017-HB5538-Introduced.html
HOUSE BILL No. 5538
February 8, 2018, Introduced by Reps. Iden, Kesto, Griffin, LaSata, Kahle, Howell, Hauck, Noble, Bellino, LaFave, Hughes, Hornberger, Lucido, Tedder, VanderWall, Sheppard, Allor and Brann and referred to the Committee on Law and Justice.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, 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 an immediate
report to centralized intake by telephone, or, if available,
through the online reporting system, of the suspected child abuse
or child neglect. Within 72 hours after making an oral report by
telephone to centralized intake, the reporting person shall file a
written report as required in this act. If the immediate report has
been made using the online reporting system and that report
includes the information required in a written report under
subsection (2), that report is considered a written report for the
purposes of this section and no additional written report is
required. If the reporting person is a member of the staff of a
hospital, agency, or school, the reporting person shall notify the
person in charge of the hospital, agency, or school of his or her
finding and that the report has been made, and shall make a copy of
the written or electronic report available to the person in charge.
A notification to the person in charge of a hospital, agency, or
school does not relieve the member of the staff of the hospital,
agency, or school of the obligation of reporting to the department
as required by this section. One report from a hospital, agency, or
school is adequate to meet the reporting requirement. A member of
the staff of a hospital, agency, or school 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).
(d) An individual who is paid to or who volunteers to conduct
or assist in conducting K-12 or postsecondary interscholastic
athletic activities or youth recreational athletic activities. This
subdivision includes a coach, an assistant coach, or an athletic
trainer. An individual required to report under this subdivision
shall report in the same manner as required under subdivision (a).
As used in this subdivision:
(i) "K-12 or postsecondary interscholastic athletic activity"
means a K-12 or postsecondary school program or event, including
practice and competition, during which youth athletes participate
or practice to participate in an organized athletic game or
competition against another K-12 or postsecondary school, team,
club, entity, or individual.
(ii) "Youth recreational athletic activity" means a program or
event, including practice and competition, not associated with a
school, during which youth athletes participate or practice to
participate in an organized athletic game or competition against
another team, club, entity, or individual. Youth recreational
athletic activity includes, but is not limited to, athletic
activity sponsored by a recreation center, community center, or
private sports club.
(2) The written report or a report made using the online
reporting system 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 centralized intake.
(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, 145c, 462a to 462h, or 520b to 520g of
the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c,
750.462a to 750.462h, 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, 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) relieves 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 sexually transmitted
infection in a child who is over 1 month of age but less than 12
years of age is reasonable cause to suspect child abuse or child
neglect 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
