HOUSE BILL No. 6223 November 5, 1998, Introduced by Reps. Hammerstrom, Raczkowski, Voorhees, Jellema, Birkholz, Sanborn, McBryde, Bodem and Richner and referred to the Committee on Mental Health. A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 700 (MCL 330.1700), as amended by 1995 PA 290, and by adding section 713a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 700. As used in this chapter, unless the context 2 requires otherwise: 3 (a) "Criminal abuse" means 1 or more of the following: 4 (i) An assault that is a violation or an attempt or conspir- 5 acy to commit a violation of sections 81 to 90 of the Michigan 6 penal code,Act No. 328 of the Public Acts of 1931, being sec-7tions 750.81 to 750.90 of the Michigan Compiled Laws1931 8 PA 328, MCL 750.81 TO 750.90. Criminal abuse does not include an 9 assault or an assault and battery that is a violation of section 10 81 ofAct No. 328 of the Public Acts of 1939, being section06658'98 LTB 2 1750.81 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 2 1931 PA 328, MCL 750.81, and that is committed by a recipient 3 against another recipient. 4 (ii) A criminal homicide that is a violation or an attempt 5 or conspiracy to commit a violation of section 316, 317, or 321 6 ofAct No. 328 of the Public Acts of 1931, being sections7750.316, 750.317, and 750.321 of the Michigan Compiled LawsTHE 8 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.316, 750.317, AND 9 750.321. 10 (iii) Criminal sexual conduct that is a violation or an 11 attempt or conspiracy to commit a violation of sections 520b to 12 520e or 520g ofAct No. 328 of the Public Acts of 1931, being13sections 750.520b to 750.520e and 750.520g of the Michigan14Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B 15 TO 750.520E AND 750.520G. 16 (iv) Vulnerable adult abuse that is a violation or an 17 attempt or conspiracy to commit a violation of section 145n of 18 the Michigan penal code,Act No. 328 of the Public Acts of 1931,19being section 750.145n of the Michigan Compiled Laws1931 20 PA 328, MCL 750.145N. 21 (v) Child abuse that is a violation or an attempt or con- 22 spiracy to commit a violation of section 136b ofAct No. 328 of23the Public Acts of 1931, being section 750.136b of the Michigan24Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 25 MCL 750.136B. 26 (B) "FAMILY-CENTERED PRACTICE AND SERVICE DELIVERY" MEANS 27 SERVICE DELIVERY, ACROSS DISCIPLINES AND SETTINGS, THAT 06658'98 3 1 RECOGNIZES THE CENTRALITY OF THE FAMILY IN A MINOR'S LIFE. IN 2 THE CASE OF MINORS, FAMILY-CENTERED PRACTICE AND SERVICE DELIVERY 3 IS GUIDED BY FULLY INFORMED CHOICES MADE BY THE FAMILY AND 4 FOCUSES ON THE CHILD'S AND HIS OR HER FAMILY'S STRENGTHS AND 5 CAPABILITIES. 6 (C)(b)"Health care corporation" means a nonprofit health 7 care corporation operating under the nonprofit health care corpo- 8 ration reform act,Act No. 350 of the Public Acts of 1980, being9sections 550.1101 to 550.1704 of the Michigan Compiled Laws1980 10 PA 350, MCL 550.1101 TO 550.1704. 11 (D)(c)"Health care insurer" means an insurer authorized 12 to provide health insurance in this state or a legal entity that 13 is self-insured and provides health care benefits to its 14 employees. 15 (E)(d)"Health maintenance organization" meansanA 16 HEALTH MAINTENANCE organization licensed underpart 21017 ARTICLE 17 of the public health code,Act No. 368 of the Public18Acts of 1978, being sections 333.21001 to 333.21098 of the19Michigan Compiled Laws1978 PA 368, MCL 333.20101 TO 333.22260. 20 (F)(e)"Money" means any legal tender, note, draft, cer- 21 tificate of deposit, stock, bond, check, or credit card. 22 (G)(f)"Nonprofit dental care corporation" means a dental 23 care corporation incorporated underAct No. 125 of the Public24Acts of 1963, being sections 550.351 to 550.373 of the Michigan25Compiled Laws1963 PA 125, MCL 550.351 TO 550.373. 26 (H)(g)"Person-centered planning" means a process for 27 planning and supporting the individual receiving services that 06658'98 4 1 builds upon the individual's capacity to engage in activities 2 that promote community life and that honors the individual's 3 preferences, choices, and abilities. The person-centered plan- 4 ning process involves families, friends, and professionals as the 5 individual desires or requires. 6 (I)(h)"Privileged communication" means a communication 7 made to a psychiatrist or psychologist in connection with the 8 examination, diagnosis, or treatment of a patient, or to another 9 person while the other person is participating in the examina- 10 tion, diagnosis, or treatment or a communication made privileged 11 under other applicable state or federal law. 12 (J)(i)"Restraint" means the use of a physical device to 13 restrict an individual's movement. Restraint does not include 14 the use of a device primarily intended to provide anatomical 15 support. 16 (K)(j)"Seclusion" means the temporary placement of a 17 recipient in a room,alone, where egress BY ANY MEANS is 18 prevented.by any means.19 (l)(k)"Support plan" means a written plan that specifies 20 the personal support services or any other supports that are to 21 be developed with and provided for a recipient. 22 (M)(l)"Treatment plan" means a written plan that speci- 23 fies the goal-oriented treatment or training services, including 24 rehabilitation or habilitation services, that are to be developed 25 with and provided for a recipient. 26 SEC. 713A. (1) FAMILY-CENTERED PRACTICE AND SERVICE 27 DELIVERY SHALL CONCENTRATE ON THE MINOR AS A MEMBER OF A FAMILY, 06658'98 5 1 AND THE WANTS AND NEEDS OF THE FAMILY MUST BE INTEGRAL TO ANY 2 PLAN DEVELOPED FOR THE MINOR. PARENTS AND SIGNIFICANT FAMILY 3 MEMBERS OF MINORS SHALL BE INCLUDED IN THE FAMILY-CENTERED PLAN- 4 NING PROCESS FOR MINORS UNLESS 1 OF THE FOLLOWING APPLIES: 5 (A) THE MINOR IS 14 YEARS OF AGE OR OLDER AND HAS REQUESTED 6 SERVICES PROVIDED UNDER THIS ACT WITHOUT THE KNOWLEDGE OR CONSENT 7 OF A PARENT, GUARDIAN, OR PERSON ACTING IN LOCO PARENTIS WITHIN 8 THE PROVISIONS OF THIS ACT. 9 (B) THE MINOR IS EMANCIPATED UNDER SECTION 4 OF 1968 PA 293, 10 MCL 722.4. 11 (C) THE INCLUSION OF PARENTS OR SIGNIFICANT FAMILY MEMBERS 12 WOULD CONSTITUTE A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM 13 TO THE MINOR OR SUBSTANTIAL DISRUPTION OF THE PLANNING PROCESS AS 14 STATED IN THIS ACT. 15 (2) IF A PARENT OR SIGNIFICANT FAMILY MEMBER IS NOT INCLUDED 16 IN THE FAMILY-CENTERED PLANNING PROCESS FOR THE MINOR, THE PHYSI- 17 CIAN OR MENTAL HEALTH PROFESSIONAL SHALL DOCUMENT THE REASON FOR 18 THE EXCLUSION IN THE MINOR'S CLINICAL RECORD. 06658'98 Final page. LTB