Bill Text: MI SB0910 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Children: protection; modifications to the central registry; provide for. Amends secs. 2, 7j & 8 of 1975 PA 238 (MCL 722.622 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-12 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB0910 Detail]
Download: Michigan-2023-SB0910-Introduced.html
SENATE BILL NO. 910
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 2, 7j, and 8 (MCL 722.622, 722.627j, and 722.628), section 2 as amended by 2022 PA 67, section 7j as amended by 2022 PA 64, and section 8 as amended by 2022 PA 65.
the people of the state of michigan enact:
(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 those terms are 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 a repository of names of individuals who are identified as perpetrators related to a central registry case in the department's statewide electronic case management system.
(d) "Central registry case" means the department confirmed that a person responsible for the child's health or welfare committed serious abuse or neglect, sexual abuse, or sexual exploitation of a child, or allowed a child to be exposed to or have contact with methamphetamine production.
(e) "Centralized intake" means the department's statewide centralized processing center for reports of suspected child abuse and child neglect.
(f) "Child" means an individual under who is less than 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, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 years of age or older who is involved with a youth program.
(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, the department's division of child welfare licensing, 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, though financially able to do so, or by the failure to seek financial or other reasonable means 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) "Confirmed case" means the department has determined, by a preponderance of evidence, that child abuse or child neglect occurred by a person responsible for the child's health, welfare, or care.
(o) "Confirmed case of methamphetamine production" means a confirmed case that involved a child's exposure or contact with methamphetamine production.
(p) "Confirmed serious abuse or neglect" means a confirmed case of mental injury or physical injury or neglect to a child that involves any of the following:
(i) Battering, torture, or other serious physical harm.
(ii) Loss or serious impairment of an organ or limb.
(iii) Life-threatening injury.
(iv) Murder, or attempted murder, manslaughter, or the death of a child.
(v) Serious mental harm.
(vi) Sexual abuse.
(q) "Confirmed sexual abuse" means a confirmed case that involves sexual penetration , or sexual contact , attempted sexual penetration, or assault with intent to penetrate as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a, attempted sexual penetration, assault with intent to penetrate, or other sexual abuse.
(r) "Confirmed sexual exploitation" means a confirmed case that involves 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 that term is defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(s) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(t) "Department" means the department of health and human services.
(u) "Director" means the director of the department.
(v) "Electronic case management system" means the child protective service information system, that is an internal data system maintained within and by the department.
(w) "Expunge" means to physically remove or eliminate and destroy a record or report.
(x) "Lawyer-guardian ad litem" means an attorney appointed under section 10 who has the powers and duties referenced by section 10.
(y) "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.
(z) "Member of the clergy" means a priest, minister, rabbi, Christian science Science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization.
(aa) "Nonparent adult" means a person who is an individual 18 years of age or older and who, regardless of the person's individual'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 an individual otherwise related to the child by blood or affinity to the third degree.
(bb) "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.
(cc) "Person responsible for the child's health or welfare" means a parent, legal guardian, individual 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(1)(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 those terms are 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.
(dd) "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.
(ee) "Serious mental harm" and "serious physical harm" mean those terms as defined in section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.
(ff) "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(3).
(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.
(gg) "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.
(hh) "Substantiated" means a confirmed case.
(ii) "Unsubstantiated" means a case that is not confirmed.
(jj) "Youth program" means an event or activity that is designed for the participation of minors; is supervised by an employee of, or volunteer for, the event or activity; and does not take place in the presence of the minors' parents or legal guardians.
Sec. 7j. (1) The department must shall maintain a statewide, electronic case management system to carry out the intent of this act. The department may enter into vendor contracts that it considers necessary and proper for implementation, review, and update of the electronic case management system. The department must solicit proposals from entities to provide the services necessary to implement, review, and update the electronic case management system.
(2) The department must shall classify a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation, as a central registry case.
(3) In addition to a case classified under subsection (2), a court in this state entering an order of conviction for a violation of section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b, a conviction for a violation of chapter LXXVI of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520o, involving a minor victim, a conviction for a violation of section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c, and any conviction involving the death of a child must request that the conviction be classified as a central registry case by the department. The department, with cooperation from the state court administrative office, must promulgate rules to regulate this referral process.
(4) At any time, an individual who has been placed on the central registry under subsection (3) may request, and the court shall request, an individual's name be removed from the central registry upon the individual prevailing in a motion to the convicting court for either of the following reasons:
(a) The individual was not convicted of an offense listed under this section.
(b) Demonstrating that the individual's conviction of the offense that caused the individual to be placed on the central registry has been expunged.
(5) Not more than once every 10 years after an individual has been placed on the central registry under subsection (3), the individual may make a motion to the convicting court to request removal from the central registry. In a hearing on this motion, the individual is presumed to be a risk to children, and the burden is on the individual requesting to be removed from the central registry. If the individual demonstrates that the presumption is unreasonable, the court shall request that the department remove the individual from the central registry.
(6) Within 30 days after the classification of a central registry case, the department must shall notify in writing each person who is named in the record as a perpetrator of the confirmed serious abuse or neglect, confirmed sexual abuse, confirmed sexual exploitation, or confirmed case of methamphetamine production. The notice requirements include all of the following:
(a) The notice must be sent by registered or certified mail, return receipt requested, and delivery restricted to the addressee.
(b) The notice must set forth the person's right to request expunction of the record and the right to a hearing if the department refuses the request.
(c) The notice must state that the record may be released under section 7d.
(d) The notice must not identify the person reporting the suspected child abuse or child neglect.
(7) An individual who is the subject of a report or record made under this section may request the department to amend an inaccurate report or record from the central registry and local office file. This subsection does not apply to an individual for which the court has entered an order of conviction described in subsection (3).
(8) If the department denies the individual's request to amend a report or record under subsection (7), an the individual who is the subject of a report or record made under this section may, within 180 days from the date of service of notice of the right to a hearing, request the department hold a hearing to review the request for amendment. This subsection does not apply to an individual for which the court has entered an order of conviction described in subsection (3).
(9) The department must hold a hearing to determine by a preponderance of the evidence whether the report or record in whole or in part meets the statutory requirement of confirmed serious abuse or neglect, confirmed sexual abuse, confirmed sexual exploitation, or confirmed case of methamphetamine production and should be amended or expunged from the central registry. The hearing must be held before an administrative law judge and must be conducted as prescribed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may, for good cause, hold a hearing under this subsection if the department determines that the person individual who is the subject of the report or record submitted the request for a hearing within 60 days after the 180-day notice period expired. This subsection does not apply to an individual for which the court has entered an order of conviction described in subsection (3).
(10) If the investigation of a report conducted under this section does not show serious child abuse or child neglect, sexual abuse, sexual exploitation, or methamphetamine production by a preponderance of the evidence, or if a court dismisses a petition based on the merits of the petition filed under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, because the petitioner has failed to establish, or a court has failed to find, that the child comes within the jurisdiction of the court following an adjudication hearing, the information identifying the subject of the report must be expunged from the central registry after a party has exhausted all appellate remedies and an appellate review does not find that the child is within the jurisdiction of the court. If a preponderance of evidence of child abuse or child neglect exists, or if a court takes jurisdiction of the child under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, the department must maintain the information and must maintain the perpetrator's information in the central registry if the case is determined to be a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation. This subsection does not apply to an individual for which the court has entered an order of conviction described in subsection (3).
(11) Except as otherwise provided in this section, the department must shall maintain the information in the central registry until the department receives reliable information that the perpetrator is dead. Not more than once every 10 years after an individual has been listed on the central registry, the individual may request a hearing regarding removal from the central registry. Except for confirmed sexual abuse or confirmed sexual exploitation, the department must hold a hearing to determine whether the information should be maintained on the central registry. The hearing must be held before an administrative law judge and must be conducted as prescribed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. In this hearing, the individual is presumed to be a risk to children and the burden of proof is on the individual requesting to be removed from the central registry. If the individual demonstrates by a preponderance of the evidence that the presumption is unreasonable, then the information must be expunged from the central registry. The facts and circumstances as determined by the department or an administrative law judge on review of the department's decision that resulted in the individual originally being placed on the central registry are not subject to review. The administrative law judge shall take into account the facts and circumstances in the years since the individual was listed on the central registry that bear on the assessment of the individual's risk to children in the future. For the purpose of As used in this subsection, "reliable information" includes, but is not limited to, information obtained using the United States Social Security death index database. This subsection does not apply to an individual for which the court has entered an order of conviction described in subsection (3).
(12) Upon On written request, the department may provide confirmation of central registry placement to an individual, office, or agency authorized to receive it.
(13) A person or the department may share the document provided in subsection (12) with whoever is appropriate for the purpose of seeking employment or serving as a volunteer if that employment or volunteer work will include unsupervised contact with children.
(14) An individual or organization for whom a person is applying for employment, licensing for a child care organization, or to act as a volunteer, may, with appropriate authorization and identification, request and receive confirmation of central registry placement, if that employment or volunteer work includes unsupervised contact with children.
(15) A parent or other person responsible for a child, who has reason to believe another caregiver may place that child at risk, may, with appropriate authorization and identification, receive confirmation of central registry placement of that parent, person responsible, or caregiver. This request must be made through the office of the friend of the court created in section 3 of the friend of the court act, 1982 PA 294, MCL 552.503.
(16) The department may develop an automated system that will allow a person applying for child-related employment or seeking to volunteer in a capacity that would allow unsupervised access to a child for whom the person is not a person responsible for that child's health or welfare to be listed in that system if a screening of the person finds that he or she the person has not been named in a central registry case as the perpetrator of a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation. The automated system developed under this section must provide for public access to the list of persons who that have been screened for the purposes of complying with this section. An automated system developed under this section must have appropriate safeguards and procedures to ensure that information that is confidential under this act, state law, or federal law is not accessible or disclosed through that system.
(17) An action taken to exclude an individual from licensure to provide foster care, child care, or camp services by the department of licensing and regulatory affairs or the division of child welfare licensing in the department, or a predecessor agency, in effect before the effective date of the amendatory act that added this subsection, November 1, 2022, must remain in effect according to its terms, except if an individual is successful in an administrative review or appeal of the exclusionary status in accord with section 9 of 1973 PA 116, MCL 722.119.
(18) In addition to the central registry clearance, the department must search children's protective services records to determine if an applicant or licensee, relative, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer has a children's protective services history before making a licensing or placement determination, or provide clearance for staff employment or a volunteer in a child caring organization.
Sec. 8. (1) Within 24 hours after receiving a report made under this act, the department must refer the report to the prosecuting attorney and the local law enforcement agency if the report meets the requirements of subsection (3)(a), (b), or (c) or section 3(6) or (9) or must commence an investigation of the child suspected of being abused or neglected. Within 24 hours after receiving a report whether from the reporting person or from the department under subsection (3)(a), (b), or (c) or section 3(6) or (9), the local law enforcement agency must refer the report to the department, if the report meets the requirements of section 3(7), or must commence an investigation of the child suspected of being abused or neglected or exposed to or who has had contact with methamphetamine production. If the child suspected of being abused or exposed to or who has had contact with methamphetamine production is not in the physical custody of the parent or legal guardian and informing the parent or legal guardian would not endanger the child's health or welfare, the local law enforcement agency or the department must inform the child's parent or legal guardian of the investigation as soon as the local law enforcement agency or the department discovers the identity of the child's parent or legal guardian.
(2) In the course of its investigation, the department must determine if the child is abused or neglected. The department must cooperate with law enforcement officials, courts of competent jurisdiction, and appropriate state agencies providing human services in relation to preventing, identifying, and treating child abuse and child neglect; must provide, enlist, and coordinate the necessary services, directly or through purchasing services from other agencies and professions; and must take necessary action to prevent further abuses, to safeguard and enhance the child's welfare, and to preserve family life where possible. In the course of an investigation, at the time that a department investigator contacts an individual about whom a report has been made under this act or contacts an individual responsible for the health or welfare of a child about whom a report has been made under this act, the department investigator must advise that individual of the department investigator's name, whom the department investigator represents, and the specific complaints or allegations made against the individual. The department must ensure that its policies, procedures, and administrative rules ensure compliance with this act.
(3) In conducting its investigation, the department must seek the assistance of and cooperate with law enforcement officials within 24 hours after becoming aware that 1 or more of the following conditions exist:
(a) Child abuse or child neglect is the suspected cause of a child's death.
(b) The child is the victim of suspected sexual abuse or sexual exploitation.
(c) Child abuse or child neglect resulting in serious physical harm to the child.
(d) Law enforcement intervention is necessary for the protection of the child, a department employee, or another person involved in the investigation.
(e) The alleged perpetrator of the child's injury is not a person responsible for the child's health or welfare.
(f) The child has been exposed to or had contact with methamphetamine production.
(4) Law enforcement officials must cooperate with the department in conducting investigations under subsections (1) and (3) and must comply with sections 5 and 7. The department and law enforcement officials must conduct investigations in compliance with the protocols adopted and implemented as required by subsection (6).
(5) Involvement of law enforcement officials under this section does not relieve or prevent the department from proceeding with its investigation or treatment if there is reasonable cause to suspect that the child abuse or child neglect was committed by a person responsible for the child's health or welfare.
(6) In each county, the prosecuting attorney and the department must develop and establish procedures for involving law enforcement officials and children's advocacy centers, as appropriate, as provided in this section. In each county, the prosecuting attorney and the department must adopt and implement standard child abuse and child neglect investigation and interview protocols using, as a model, the protocols developed by the governor's task force on children's justice as published in FIA Publication 794 (revised 8-98) and FIA Publication 779 (8-98), or an updated version of those publications.
(7) If there is reasonable cause to suspect that a child in the care of or under the control of a public or private agency, institution, or facility is an abused or neglected child, the agency, institution, or facility must be investigated by an agency administratively independent of the agency, institution, or facility being investigated. If the investigation produces evidence of a violation of section 145c or sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c and 750.520b to 750.520g, the investigating agency must transmit a copy of the results of the investigation to the prosecuting attorney of the county in which the agency, institution, or facility is located.
(8) A school or other institution must cooperate with the department during an investigation of a report of child abuse or child neglect. Cooperation includes allowing access to the child without parental consent if access is determined by the department to be necessary to complete the investigation or to prevent child abuse or child neglect of the child. The department must shall notify the person responsible for the child's health or welfare about the department's contact with the child at the time or as soon afterward as the person can be reached. The department may delay the notice if the notice would compromise the safety of the child or child's siblings or the integrity of the investigation, but only for the time 1 of those conditions exists.
(9) If the department has contact with a child in a school, all of the following apply:
(a) Before contact with the child, the department investigator must review with the designated school staff person the department's responsibilities under this act and the investigation procedure.
(b) After contact with the child, the department investigator must meet with the designated school staff person and the child about the response the department will take as a result of contact with the child. The department may also meet with the designated school staff person without the child present and share additional information the investigator determines may be shared subject to the confidentiality provisions of this act.
(c) Lack of cooperation by the school does not relieve or prevent the department from proceeding with its responsibilities under this act.
(10) A child must not be subjected to a search at a school that requires the child to remove his or her the child's clothing to expose his buttocks or genitalia or her the child's breasts, buttocks, or genitalia unless the department has obtained an order from a court of competent jurisdiction permitting that search. If the access occurs within a hospital, the investigation must be conducted so as not to interfere with the medical treatment of the child or other patients.
(11) The department must enter each report made under this act that is the subject of a field investigation into the electronic case management system. The department must shall maintain a report entered on the electronic case management system as required by this subsection until the child about whom the investigation is made is 18 years old or until 10 years after the investigation is commenced, whichever is later, or, if the case is classified as a central registry case, until the department receives reliable information that the perpetrator of the child abuse or child neglect is dead. Unless made public as specified information released under section 7d, a report that is maintained on the electronic case management system is confidential and is not subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) After completing a field investigation and based on its results, the department must determine in which single category, prescribed by section 8d, to classify the allegation of child abuse or child neglect and determine whether the child abuse or child neglect must be classified as a central registry case.
(13) A person who is the subject of a report or record made under this section in which the violation does not result in being placed on the central registry, but is categorized as a category I, II, or III case under section 8d, may request the department amend an inaccurate report or record from the local office file. Within 30 days after the classification of a confirmed case that does not result in being placed on the central registry, the department must shall notify in writing each person who is named in the report or record as a perpetrator of confirmed serious child abuse or child neglect. This notice requirement includes all the following:
(a) Must be sent by first-class mail to the identified perpetrator.
(b) Must set forth the person's right to request amendment of the record and the right to an administrative review conducted by the department.
(c) Must state that the record may be released under section 7d, and may impact future employment or licensing opportunities.
(d) Must not identify the person reporting the suspected child abuse or child neglect.
(14) The request described in subsection (13) must be made within 180 days after the date of service of notice. of a confirmed serious abuse or neglect. The department may, for good cause, extend the time frame for the request after the 180-day notice if the department determines that the person who is the subject of the report or record submitted the request for an administrative review within 60 days after the 180-day notice period expired. The department must create an administrative process to determine whether the report or record should be amended.
(15) Except as provided in subsection (16), upon completion of the investigation by the local law enforcement agency or the department, the law enforcement agency or department may inform the person who made the report as to the disposition of the report.
(16) If the person who made the report is mandated to report under section 3, upon completion of the investigation by the department, the department must inform the person in writing as to the disposition of the case and must include in the information at least all of the following:
(a) What determination the department made under subsection (12) and the rationale for that decision.
(b) Whether legal action was commenced and, if so, the nature of that action.
(c) Notification that the information being conveyed is confidential.
(17) Information sent under subsection (16) must not include personally identifying information for a person named in a report or record made under this act.
(18) Unless section 5 of chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.5, requires a physician to report to the department, the surrender of a newborn in compliance with chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, is not reasonable cause to suspect child abuse or child neglect and is not subject to the section 3 reporting requirement. This subsection does not apply to circumstances that arise on or after the date that chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, is repealed. This subsection applies to a newborn whose birth is described in the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is considered to be a newborn surrendered under the safe delivery of newborns law as provided in section 3 of chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.3.
(19) All department employees involved in investigating child abuse or child neglect cases must be trained in the legal duties to protect the state and federal constitutional and statutory rights of children and families from the initial contact of an investigation through the time services are provided.
(20) The department must determine whether there is an open friend of the court case regarding a child who is suspected of being abused or neglected if a child protective services investigation of child abuse and child neglect allegations result in any of the following dispositions:
(a) A finding that a preponderance of evidence indicates that there has been child abuse or child neglect.
(b) Emergency removal of the child for child abuse or child neglect before the investigation is completed.
(c) The family court takes jurisdiction on a petition and a child is maintained in his or her the child's own home under the supervision of the department.
(d) If 1 or more children residing in the home are removed and 1 or more children remain in the home.
(e) Any other circumstances that the department determines are applicable and related to child safety.
(21) If the department determines that there is an open friend of the court case and the provisions of subsection (20) apply, the department must shall notify the office of the friend of the court in the county in which the friend of the court case is open that there is an investigation being conducted under this act regarding that child and must also report to the local friend of the court office when there is a change in that child's placement.
(22) Child protective services may report to the local friend of the court office any situation in which a parent, more than 3 times within 1 year or on 5 cumulative reports over several years, made unfounded reports to child protective services regarding alleged child abuse or child neglect of his or her the parent's child.
(23) If the department determines that there is an open friend of the court case, the department must provide a noncustodial parent of a child who is suspected of being abused or neglected with the form developed by the department that has information on how to change a custody or parenting time court order.
