Bill Text: MI HB5703 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Children; protection; central repository pertaining to death of a child; create. Amends sec. 7b of 1975 PA 238 (MCL 722.627b).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2009-12-17 - Printed Bill Filed 12/17/2009 [HB5703 Detail]
Download: Michigan-2009-HB5703-Introduced.html
HOUSE BILL No. 5703
December 16, 2009, Introduced by Reps. Slavens, Scripps, Spade, Valentine, Liss, Robert Jones, Bettie Scott, Lemmons, Lisa Brown, Polidori, Haugh, Geiss, Dean and Cushingberry and referred to the Committee on Families and Children's Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 7b (MCL 722.627b), as added by 1997 PA 167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7b. (1) By January 1, 1999, each Each
county may have in
place a standing child fatality review team. Two or more counties
may appoint a single child fatality review team for those counties.
The membership of a child fatality review team shall consist of at
least all of the following:
(a) A county medical examiner or deputy county medical
examiner
appointed under 1963 1953 PA 181, MCL 52.201 to 52.216.
(b) A representative of a local law enforcement agency.
(c) A representative of the department.
(d) The county prosecuting attorney or a designated assistant
county prosecutor.
(e) A representative of the department of community health or
a local health department.
(2) A child fatality review team established under subsection
(1) shall review each child fatality occurring in the county or
counties that established the child fatality review team.
(3) The department shall make available to each child fatality
review team established under subsection (1) professional,
interagency training and orientation on the review of child
fatalities. The department shall make available, as necessary,
training on specific types of child fatalities, investigation
techniques, and prevention initiatives.
(4)
By January 1, 1998, the The
department shall establish a
multiagency, multidisciplinary advisory committee to identify and
make recommendations on policy and statutory changes pertaining to
child fatalities and to guide statewide prevention, education, and
training efforts.
(5) The advisory committee created under subsection (4)
consists of the following:
(a)
Two representatives of the family independence agency
department.
(b) Two representatives of the department of community health.
(c) One county medical examiner.
(d) One representative of law enforcement.
(e) One county prosecuting attorney.
(f) The children's ombudsman or his or her designee.
(6) Using the annual compilation of child fatalities reported
by the state registrar under part 28 of the public health code,
1978 PA 368, MCL 333.2801 to 333.2899, and data received from the
child fatality review teams established under subsection (1), the
advisory committee established under subsection (4) shall publish
an annual report on child fatalities. The advisory committee shall
include in the report, at a minimum, all of the following:
(a) The total number of child fatalities and the type or cause
of each child fatality.
(b) The number of child fatalities that occurred while the
child was in foster care.
(c) The number of cases where the child's death occurred
within 5 years after family preservation or family reunification.
(d) Trends in child fatalities.
(7) The advisory committee established under subsection (4)
shall break down the information required under subsection (6) by
county or by groups of counties as described in subsection (1). The
information contained in the report is public information. The
advisory committee shall not include identifying information of
persons named in the report. The advisory committee shall transmit
a copy of the report required under subsection (6) to the governor
and to the standing committees of the legislature with jurisdiction
over matters pertaining to child protection.
(8)
Information Except as
provided in subsection (10),
information obtained by a child fatality review team established
under subsection (1) is confidential and may be disclosed by the
child fatality review team only to the department, the children's
ombudsman, the county prosecutor's office, local law enforcement,
or another child fatality review team. The information is not
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(9) An individual who is a member of a child fatality review
team established under subsection (1) or of the advisory committee
established under subsection (4) is a member of a board, council,
commission, or statutorily created task force of a governmental
agency for the purposes of section 7 of 1964 PA 170, MCL 691.1407.
(10) The department shall establish and maintain a registry of
statistical information regarding children's deaths that shall be
accessible to the public. The registry created in this section
shall be a separate registry from the central registry created in
section 7. The registry created in this section shall not disclose
any identifying information regarding a child or adult involved in
the investigation or incident and shall only include statistical
information covering all of the following:
(a) The number of children who died while in foster care.
(b) The number of children who died while under court
jurisdiction for child abuse or neglect.
(c) The number of children who died after having involvement
with child protective services.
(d) The total number of children as identified in subdivisions
(a) to (c) who died in the preceding year.
(e) A narrative of the manner and cause of death. A narrative
provided under this subdivision shall not disclose or include any
confidential information.
(f) The number and type of child abuse or neglect complaints
against parents before the child's death and, if there was more
than 1 child abuse or neglect complaint in the 2 years preceding
the child's death, the child protective services category as
described in section 8d given to each investigated complaint.
