SENATE BILL No. 434

May 1, 2001, Introduced by Senators HAMMERSTROM, BULLARD, GARCIA, NORTH, SCHWARZ and STILLE and referred to the Committee on Families, Mental Health

and Human Services.

A bill to amend 1975 PA 238, entitled

"Child protection law,"

by amending section 3 (MCL 722.623), as amended by 1994 PA 177.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. (1) A physician, coroner, dentist, PHYSICIAN'S

2 ASSISTANT, registered dental hygienist, medical examiner, nurse,

3 a person licensed to provide emergency medical care, audiolo-

4 gist, psychologist, marriage and family therapist, licensed pro-

5 fessional counselor, certified social worker, social worker,

6 social work technician, school administrator, school counselor or

7 teacher, law enforcement officer, or regulated child care pro-

8 vider who has reasonable cause to suspect child abuse or neglect

9 shall make immediately, by telephone or otherwise, an oral

10 report, or cause an oral report to be made, of the suspected

11 child abuse or neglect to the department. Within 72 hours after

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1 making the oral report, the reporting person shall file a written

2 report as required in this act. If the reporting person is a

3 member of the staff of a hospital, agency, or school, the report-

4 ing person shall notify the person in charge of the hospital,

5 agency, or school of his or her finding and that the report has

6 been made, and shall make a copy of the written report available

7 to the person in charge. One report from a hospital, agency, or

8 school shall be considered adequate to meet the reporting

9 requirement. A member of the staff of a hospital, agency, or

10 school shall not be dismissed or otherwise penalized for making a

11 report required by this act or for cooperating in an

12 investigation.

13 (2) The written report shall contain the name of the child

14 and a description of the abuse or neglect. If possible, the

15 report shall contain the names and addresses of the child's par-

16 ents, the child's guardian, the persons with whom the child

17 resides, and the child's age. The report shall contain other

18 information available to the reporting person which THAT might

19 establish the cause of the abuse or neglect, and the manner in

20 which the abuse or neglect occurred.

21 (3) The department shall inform the reporting person of the

22 required contents of the written report at the time the oral

23 report is made by the reporting person.

24 (4) The written report required in this section shall be

25 mailed or otherwise transmitted to the county department of

26 social services FAMILY INDEPENDENCE AGENCY of the county in

27 which the child suspected of being abused or neglected is found.

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1 (5) Upon receipt of a written report of suspected child

2 abuse or neglect, the department may provide copies to the prose-

3 cuting attorney and the probate court of the counties in which

4 the child suspected of being abused or neglected resides and is

5 found.

6 (6) If the report or subsequent investigation indicates a

7 violation of sections 136b and 145c or sections 520b to 520g of

8 the Michigan penal code, Act No. 328 of the Public Acts of 1931,

9 being sections 750.136b, 750.145c and 750.520b to 750.520g of the

10 Michigan Compiled Laws 1931 PA 328, MCL 750.136B, 750.145C, AND

11 750.520B TO 750.520G, or if the report or subsequent investiga-

12 tion indicates that the suspected abuse was not committed by a

13 person responsible for the child's health or welfare, and the

14 department believes that the report has basis in fact, the

15 department shall transmit a copy of the written report and the

16 results of any investigation to the prosecuting attorney of the

17 counties in which the child resides and is found.

18 (7) If a local law enforcement agency receives a written

19 report of suspected child abuse or neglect, whether from the

20 reporting person or the department, the report or subsequent

21 investigation indicates that the abuse or neglect was committed

22 by a person responsible for the child's health or welfare, and

23 the local law enforcement agency believes that the report has

24 basis in fact, the local law enforcement agency shall provide a

25 copy of the written report and the results of any investigation

26 to the county department of social services FAMILY INDEPENDENCE

27 AGENCY of the county in which the abused or neglected child is

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1 found. Nothing in this subsection or subsection (6) shall be

2 construed to relieve the department of its responsibility to

3 investigate reports of suspected child abuse or neglect under

4 this act.

5 (8) For purposes of this act, the pregnancy of a child less

6 than 12 years of age or the presence of a venereal disease in a

7 child who is over 1 month of age but less than 12 years of age

8 shall be reasonable cause to suspect child abuse and neglect have

9 occurred.

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