HOUSE BILL No. 5087 September 25, 2001, Introduced by Reps. Hart, Vander Veen, Woronchak, Gilbert, Kowall, Raczkowski, Van Woerkom, Bisbee, Vander Roest, Patterson, Bradstreet, George and Tabor and referred to the Committee on Family and Children Services. A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 2 (MCL 722.622), as amended by 2000 PA 45. 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 9 with the departmentpursuant toUNDER this act in which 10 relevant and accurate evidence of child abuse or neglect is found 11 to exist. 05026'01 GWH 2 1 (c) "Central registry case" means a child protective 2 services case that the department classifies under sections 8 and 3 8d as category I or category II. For a child protective services 4 case that was investigated before July 1, 1999, central registry 5 case means an allegation of child abuse or neglect that the 6 department substantiated. 7 (d) "Child" means a person under 18 years of age. 8 (e) "Child abuse" means harm or threatened harm to a child's 9 health or welfare by a parent, a legal guardian, or any other 10 person responsible for the child's health or welfare, or by a 11 teacher or teacher's aide, that occurs through nonaccidental 12 physical or mental injury; sexual abuse; sexual exploitation; or 13 maltreatment. 14 (f) "Child neglect" means harm or threatened harm to a 15 child's health or welfare by a parent, legal guardian, or any 16 other person responsible for the child's health or welfare that 17 occurs through either of the following: 18 (i) Negligent treatment, including the failure to provide 19 adequate food, clothing, shelter, or medical care. A PARENT'S OR 20 LEGAL GUARDIAN'S REFUSAL TO ADMINISTER OR CONSENT TO THE ADMINIS- 21 TRATION OF A PSYCHOTROPIC DRUG TO HIS OR HER CHILD IS NOT A FAIL- 22 URE TO PROVIDE ADEQUATE 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. 05026'01 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. 05026'01 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, 05026'01 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. 05026'01 6 1 (w) "Unsubstantiated" means a child protective services case 2 the department classifies under sections 8 and 8d as category 3 III, category IV, or category V. 05026'01 Final page. GWH