Bill Text: MI SB0397 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Children; protection; Children; protection; "plan of safe care" definition; create. Amends sec. 2 of 1975 PA 328 (MCL 722.622). TIE BAR WITH: SB 0398'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-23 - Referred To Committee On Families, Seniors And Human Services [SB0397 Detail]
Download: Michigan-2017-SB0397-Introduced.html
SENATE BILL No. 397
May 23, 2017, Introduced by Senators JONES, O'BRIEN, SCHUITMAKER, EMMONS, NOFS, PROOS, MACGREGOR, HORN and MARLEAU and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 2 (MCL 722.622), as amended by 2016 PA 491.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(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.
(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.
(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.
(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.
(e) "Centralized intake" means the department's statewide
centralized processing center for reports of suspected child abuse
and child neglect.
(f) "Child" means a person under 18 years of age.
(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.
(h) "Child care organization" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(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.
(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.
(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.
(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.
(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.
(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 that is an internal data system
maintained
within and by the department, and which that 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) "Lawyer-guardian ad litem" means an attorney appointed
under section 10 who has the powers and duties referenced by
section 10.
(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.
(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.
(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.
(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.
(y) "Plan of safe care" means a plan developed by the
department, a medical professional, or another provider that
addresses the health and safety needs of a newborn infant, the
substance use disorder treatment needs of the mother, and the
service needs of other caregivers or family members.
(z) (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.
(aa) (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.
(bb) (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.
(cc) (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.
(dd) (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.
(ee) (dd)
"Substantiated" means a
child protective services
case classified as a central registry case.
(ff) (ee)
"Unsubstantiated" means a
child protective services
case the department classifies under sections 8 and 8d as category
III, category IV, or category V.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 398
of the 99th Legislature is enacted into law.
