Bill Text: MI SB0261 | 2009-2010 | 95th Legislature | Engrossed

---

Bill Title: Children; protection; sharing of case-specific information related to child deaths while in state care; require. Amends sec. 7b of 1975 PA 238 (MCL 722.627b).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Engrossed - Dead) 2009-03-19 - Referred To Committee On Families And Children's Services [SB0261 Detail]

Download: Michigan-2009-SB0261-Engrossed.html

---

SB-0261, As Passed Senate, March 19, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 261

 

 

 

 

 

 

 

 

 

 

 

     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.

 

     (f) A representative of the local court.

 

     (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.

 

     (g) A representative of a state or local court.

 

     (6) The citizen review panel shall review each child fatality

 

that involves allegations of child abuse or neglect for each child

 

who, at the time of death or within the 12 months preceding the

 

death, was under the court's jurisdiction under section 2(b) of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.

 

     (7) (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.

 

     (8) (7) The advisory committee established under subsection

 

(4) shall break down the information required under subsection (6)

 

(7) 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 under subsection (7) to the department. Not

 

less than 60 days and not more than 90 days after transmitting the

 

report to the department, the advisory committee shall publish the

 

report and 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.

 

     (9) (8) 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.

 

     (10) (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.