HOUSE BILL No. 6081 October 4, 2000, Introduced by Reps. DeRossett, Hager, Julian, Tabor, Gilbert, Patterson, Koetje, Lockwood, Jamnick and Ehardt and referred to the Committee on Family and Children Services. A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 3, and 18 (MCL 722.622, 722.623, and 722.638), section 2 as amended by 2000 PA 45, section 3 as amended by 1994 PA 177, and section 18 as amended by 1998 PA 428, and by adding section 8e. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. As used in this act: 2 (a) "Attorney" means, if appointed to represent a child 3 under the provisions referenced in section 10, an attorney serv- 4 ing as the child's legal advocate in the manner defined and 5 described in section 13a of chapter XIIA of the probate code of 6 1939, 1939 PA 288, MCL 712A.13a. 7 (b) "Central registry" means the system maintained at the 8 department that is used to keep a record of all reports filed 07262'00 GWH 2 1 with the departmentpursuant toUNDER this act in which 2 relevant and accurate evidence of child abuse or neglect is found 3 to exist. 4 (c) "Central registry case" means a child protective serv- 5 ices case that the department classifies under sections 8 and 8d 6 as category I or category II. For a child protective services 7 case that was investigated before July 1, 1999, central registry 8 case means an allegation of child abuse or neglect that the 9 department substantiated. 10 (d) "Child" means a person under 18 years of age. 11 (e) "Child abuse" means harm or threatened harm to a child's 12 health or welfare by a parent, a legal guardian, or any other 13 person responsible for the child's health or welfare, or by a 14 teacher or teacher's aide, that occurs through nonaccidental 15 physical or mental injury; sexual abuse; sexual exploitation; or 16 maltreatment. 17 (f) "Child neglect" means harm or threatened harm to a 18 child's health or welfare by a parent, legal guardian, or any 19 other person responsible for the child's health or welfare that 20 occurs through either of the following: 21 (i) Negligent treatment, including the failure to provide 22 adequate food, clothing, shelter, or medical care. 23 (ii) Placing a child at an unreasonable risk to the child's 24 health or welfare by failure of the parent, legal guardian, or 25 other person responsible for the child's health or welfare to 26 intervene to eliminate that risk when that person is able to do 27 so and has, or should have, knowledge of the risk. 07262'00 3 1 (g) "Citizen review panel" means a panel established as 2 required by section 106 of title I of the child abuse prevention 3 and treatment act, Public Law 93-247, 42 U.S.C. 5106a. 4 (h) "Controlled substance" means that term as defined in 5 section 7104 of the public health code, 1978 PA 368, MCL 6 333.7104. 7 (i) "CPSI system" means the child protective service infor- 8 mation system, which is an internal data system maintained within 9 and by the department, and which is separate from the central 10 registry and not subject to section 7. 11 (j) "Department" means the family independence agency. 12 (k) "Director" means the director of the department. 13 (l) "Expunge" means to physically remove or eliminate and 14 destroy a record or report. 15 (m) "Lawyer-guardian ad litem" means an attorney appointed 16 under section 10 who has the powers and duties referenced by sec- 17 tion 10. 18 (n) "Local office file" means the system used to keep a 19 record of a written report, document, or photograph filed with 20 and maintained by a county or a regionally based office of the 21 department. 22 (o) "Nonparent adult" means a person who is 18 years of age 23 or older and who, regardless of the person's domicile, meets all 24 of the following criteria in relation to a child: 25 (i) Has substantial and regular contact with the child. 07262'00 4 1 (ii) Has a close personal relationship with the child's 2 parent or with a person responsible for the child's health or 3 welfare. 4 (iii) Is not the child's parent or a person otherwise 5 related to the child by blood or affinity to the third degree. 6 (p) "Person responsible for the child's health or welfare" 7 means a parent, legal guardian, person 18 years of age or older 8 who resides for any length of time in the same home in which the 9 child resides, or, except when used in section 7(2)(e) or 8(8), 10 nonparent adult; or an owner, operator, volunteer, or employee of 11 1 or more of the following: 12 (i) A licensed or unlicensed child care organization as 13 defined in section 1 of 1973 PA 116, MCL 722.111. 14 (ii) A licensed or unlicensed adult foster care family home 15 or adult foster care small group home as defined in section 3 of 16 the adult foster care facility licensing act, 1979 PA 218, MCL 17 400.703. 18 (q) "Relevant evidence" means evidence having a tendency to 19 make the existence of a fact that is at issue more probable than 20 it would be without the evidence. 21 (r) "Sexual abuse" means engaging in sexual contact or 22 sexual penetration as those terms are defined in section 520a of 23 the Michigan penal code, 1931 PA 328, MCL 750.520a, with a 24 child. 25 (s) "Sexual exploitation" includes allowing, permitting, or 26 encouraging a child to engage in prostitution, or allowing, 27 permitting, encouraging, or engaging in the photographing, 07262'00 5 1 filming, or depicting of a child engaged in a listed sexual act 2 as defined in section 145c of the Michigan penal code, 1931 PA 3 328, MCL 750.145c. 4 (t) "Specified information" means information in a central 5 registry case record that relates specifically to referrals or 6 reports of child abuse or neglect. Specified information does 7 not include any of the following: 8 (i) Except as provided in this subparagraph regarding a per- 9 petrator of child abuse or neglect, personal identification 10 information for any individual identified in a child protective 11 services record. The exclusion of personal identification infor- 12 mation as specified information prescribed by this subparagraph 13 does not include personal identification information identifying 14 an individual alleged to have perpetrated child abuse or neglect, 15 which allegation has been classified as a central registry case. 16 (ii) Information in a law enforcement report as provided in 17 section 7(8). 18 (iii) Any other information that is specifically designated 19 as confidential under other law. 20 (u) "Structured decision-making tool" means the department 21 document labeled "DSS-4752 (P3) (3-95)" or a revision of that 22 document that better measures the risk of future harm to a 23 child. 24 (v) "Substantiated" means a child protective services case 25 classified as a central registry case. 26 (W) "TERMINATED IN PROCEEDINGS UNDER CHAPTER XIIA OF THE 27 PROBATE CODE OF 1939" MEANS TERMINATION OF PARENTAL RIGHTS AS A 07262'00 6 1 RESULT OF PROCEEDINGS UNDER, OR TERMINATION OF PARENTAL RIGHTS 2 VOLUNTARILY FOLLOWING THE INITIATION OF PROCEEDINGS UNDER, SEC- 3 TION 2(B) OF CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 4 288, MCL 712A.2. 5 (X)(w)"Unsubstantiated" means a child protective serv- 6 ices case the department classifies under sections 8 and 8d as 7 category III, category IV, or category V. 8 Sec. 3. (1) A physician, coroner, dentist, registered 9 dental hygienist, medical examiner, nurse, a person licensed to 10 provide emergency medical care, audiologist, psychologist, mar- 11 riage and family therapist, licensed professional counselor, cer- 12 tified social worker, social worker, social work technician, 13 school administrator, school counselor or teacher, law enforce- 14 ment officer, or regulated child care provider who has reasonable 15 cause to suspect child abuse or neglect shall make immediately, 16 by telephone or otherwise, an oral report, or cause an oral 17 report to be made, of the suspected child abuse or neglect to the 18 department. Within 72 hours after making the oral report, the 19 reporting person shall file a written report as required in this 20 act. If the reporting person is a member of the staff of a hos- 21 pital, agency, or school, the reporting person shall notify the 22 person in charge of the hospital, agency, or school of his or her 23 finding and that the report has been made, and shall make a copy 24 of the written report available to the person in charge. One 25 report from a hospital, agency, or school shall be considered 26 adequate to meet the reporting requirement. A member of the 27 staff of a hospital, agency, or school shall not be dismissed or 07262'00 7 1 otherwise penalized for making a report required by this act or 2 for cooperating in an investigation. 3 (2) The written report shall contain the name of the child 4 and a description of the abuse or neglect. If possible, the 5 report shall contain the names and addresses of the child's par- 6 ents, the child's guardian, the persons with whom the child 7 resides, and the child's age. The report shall contain other 8 information available to the reporting person which might estab- 9 lish the cause of the abuse or neglect, and the manner in which 10 the abuse or neglect occurred. 11 (3) The department shall inform the reporting person of the 12 required contents of the written report at the time the oral 13 report is made by the reporting person. 14 (4) The written report required in this section shall be 15 mailed or otherwise transmitted to the countydepartment of16social servicesFAMILY INDEPENDENCE AGENCY of the county in 17 which the child suspected of being abused or neglected is found. 18 (5) Upon receipt of a written report of suspected child 19 abuse or neglect, the department may provide copies to the prose- 20 cuting attorney and theprobateFAMILY DIVISION OF CIRCUIT 21 court of the counties in which the child suspected of being 22 abused or neglected resides and is found. 23 (6) If the report or subsequent investigation indicates a 24 violation of sections 136b and 145c or sections 520b to 520g of 25 the Michigan penal code,Act No. 328 of the Public Acts of 1931,26being sections 750.136b, 750.145c and 750.520b to 750.520g of the27Michigan Compiled Laws1931 PA 328, MCL 750.136B, 750.145C, AND 07262'00 8 1 750.520B TO 750.520G, or if the report or subsequent 2 investigation indicates that the suspected abuse was not commit- 3 ted by a person responsible for the child's health or welfare, 4 and the department believes that the report has basis in fact, 5 the department shall transmit a copy of the written report and 6 the results of any investigation to the prosecuting attorney of 7 the counties in which the child resides and is found. 8 (7) If a local law enforcement agency receives a written 9 report of suspected child abuse or neglect, whether from the 10 reporting person or the department, the report or subsequent 11 investigation indicates that the abuse or neglect was committed 12 by a person responsible for the child's health or welfare, and 13 the local law enforcement agency believes that the report has 14 basis in fact, the local law enforcement agency shall provide a 15 copy of the written report and the results of any investigation 16 to the countydepartment of social servicesFAMILY INDEPENDENCE 17 AGENCY of the county in which the abused or neglected child is 18 found. Nothing in this subsection or subsection (6) shall be 19 construed to relieve the department of its responsibility to 20 investigate reports of suspected child abuse or neglect under 21 this act. 22 (8) For purposes of this act, INCLUDING, BUT NOT LIMITED TO, 23 THE REPORTING REQUIREMENT UNDER SUBSECTION (1), the pregnancy of 24 a child less than 12 years of age or the presence of a venereal 25 disease in a child who is over 1 month of age but less than 12 26 years of ageshall beIS reasonable cause to suspect child 27 abuseandOR neglect.have occurred.07262'00 9 1 (9) FOR THE PURPOSES OF THIS ACT, INCLUDING, BUT NOT LIMITED 2 TO, THE REPORTING REQUIREMENT UNDER SUBSECTION (1), THE BIRTH OF 3 A CHILD TO A PARENT WHOSE PARENTAL RIGHTS TO ANOTHER CHILD WERE 4 TERMINATED IN PROCEEDINGS UNDER CHAPTER XIIA OF THE PROBATE CODE 5 OF 1939 IS REASONABLE CAUSE TO SUSPECT CHILD ABUSE OR NEGLECT. 6 THE DEPARTMENT SHALL IMPLEMENT AN AUTOMATED SYSTEM DESIGNED TO 7 IDENTIFY, AT THE TIME OF BIRTH, CHILDREN WHO HAVE A PARENT WHOSE 8 PARENTAL RIGHTS TO ANOTHER CHILD WERE TERMINATED IN PROCEEDINGS 9 UNDER CHAPTER XIIA OF THE PROBATE CODE OF 1939. 10 SEC. 8E. IF, THROUGH A REPORT UNDER THIS ACT OR OTHERWISE, 11 THE DEPARTMENT LEARNS THAT A CHILD HAS A PARENT WHOSE PARENTAL 12 RIGHTS TO ANOTHER CHILD WERE TERMINATED IN PROCEEDINGS UNDER 13 CHAPTER XIIA OF THE PROBATE CODE OF 1939, THAT INFORMATION IS 14 REASONABLE CAUSE TO SUSPECT CHILD ABUSE OR NEGLECT, AND THE 15 DEPARTMENT SHALL CONDUCT AN INVESTIGATION UNDER THIS ACT. 16 Sec. 18. (1) The department shall submit a petition for 17 authorization by the court under section 2(b) of chapter XIIA of 18 THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2, if 1 or more 19 of the following apply: 20 (a) The department determines that a parent, guardian, or 21 custodian, or a person who is 18 years of age or older and who 22 resides for any length of time in the child's home, has abused 23 the child or a sibling of the child and the abuse included 1 or 24 more of the following: 25 (i) Abandonment of a young child. 26 (ii) Criminal sexual conduct involving penetration, 27 attempted penetration, or assault with intent to penetrate. 07262'00 10 1 (iii) Battering, torture, or other severe physical abuse. 2 (iv) Loss or serious impairment of an organ or limb. 3 (v) Life threatening injury. 4 (vi) Murder or attempted murder. 5 (b) The department determines that there is risk of harm to 6 the child andeither of the following is true: (i) TheTHE 7 parent's rights to another child were terminatedas a result of8proceedings under section 2(b) of chapter XIIA of 1939 PA 288,9MCL 712A.2, or a similar law of another state. (ii) The parent's10rights to another child were voluntarily terminated following the11initiation of proceedings under section 2(b) of chapter XIIA of121939 PA 288, MCL 712A.2, or a similar law of another state.IN 13 PROCEEDINGS UNDER THE PROBATE CODE OF 1939. 14 (2) In a petition submitted as required by subsection (1), 15 if a parent is a suspected perpetrator or is suspected of placing 16 the child at an unreasonable risk of harm due to the parent's 17 failure to take reasonable steps to intervene to eliminate that 18 risk, the family independence agency shall include a request for 19 termination of parental rights at the initial dispositional hear- 20 ing as authorized under section 19b of chapter XIIA of THE PRO- 21 BATE CODE OF 1939, 1939 PA 288, MCL 712A.19b. 22 (3) If the department is considering petitioning for termi- 23 nation of parental rights at the initial dispositional hearing as 24 authorized under section 19b of chapter XIIA of THE PROBATE CODE 25 OF 1939, 1939 PA 288, MCL 712A.19b, even though the facts of the 26 child's case do not require departmental action under subsection 27 (1), the department shall hold a conference among the appropriate 07262'00 11 1 agency personnel to agree upon the course of action. The 2 department shall notify the attorney representing the child of 3 the time and place of the conference, and the attorney may 4 attend. If an agreement is not reached at this conference, the 5 department director or the director's designee shall resolve the 6 disagreement after consulting the attorneys representing both the 7 department and the child. 07262'00 Final page. GWH