Bill Text: MI SB0397 | 2017-2018 | 99th Legislature | Introduced

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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

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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.