NOTIFY CIS IN CERTAIN CHILD ABUSE ALLEGATIONS
House Bill 5372
Sponsor: Rep. Mary Ann Middaugh
Committee: Family and Children Services
Complete to 11-8-01
A SUMMARY OF HOUSE BILL 5372 AS INTRODUCED 11-1-01
House Bill 5372 would amend the Child Protection Law to require that the child care regulatory agency, which is currently the Department of Consumer and Industry Services (CIS), be notified if an individual accused of child abuse or neglect is a child care provider.
Under current law, any individual mandated to report suspected child abuse or neglect must file an oral report and written report to the Family Independence Agency (FIA). The bill would require that if the written report or subsequent investigation by FIA indicates that the individual who committed the abuse or neglect is a child care provider and the FIA believes the report to be factual, the FIA would send a copy of the report or the results of the investigation to the CIS. The bill would also remove coroners from the list of mandated reporters.
In addition, if a law enforcement agency receives a written report of suspected child abuse from a mandated reporter or the FIA, and the report or subsequent investigation by the law enforcement agency indicated that the person who committed the abuse or neglect is a child care provider, and the law enforcement agency believes the report to be factual, the law enforcement agency would send a copy of the written report or the results of the investigation to the CIS.
Under current law, any written report, document, or photograph filed with the FIA pertaining to a suspected child abuse case, unless made public, remains confidential. The law does, however, list several individuals who may obtain this confidential information. The bill would add to the list a child care regulatory agency.
Finally, the bill states that if an individual suspected of child abuse or neglect is a child care provider, the prosecuting attorney would notify the FIA, the owner or operator of the child care organization or adult foster care location (authorized by the CIS to care for a child) who employs the suspected individual, and the CIS.
MCL 722.622 et al.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.