CHILD PROTECTION: METH EXPOSURE H.B. 5844 (H-1): FLOOR ANALYSIS
House Bill 5844 (Substitute H-1 as reported without amendment)
Sponsor: Representative Rick Baxter
House Committee: Family and Children Services
Senate Committee: Families and Human Services
CONTENT
The bill would amend the Child Protection Law to require reporting and investigation by the Department of Human Services (DHS) and law enforcement agencies if a report or investigation of child abuse indicated a drug lab violation involving methamphetamine (meth), or if there were evidence that a child was being exposed to meth production.
The Child Protection Law (CPL) requires certain professionals to report to the DHS if they have reasonable cause to suspect child abuse or neglect. If an allegation, written report, or subsequent investigation indicates that a violation of the Michigan Penal Code involving child abuse and child sexually abusive activity, or criminal sexual conduct, has occurred, the DHS must transmit a copy of the allegation or written report and the results of any investigation to a law enforcement agency in the county where the incident occurred.
Under the bill, this requirement also would apply if an allegation, written report, or subsequent investigation indicated that certain violations of the Public Health Code involving methamphetamine production had occurred.
Under the CPL, if a local law enforcement agency receives an allegation or written report of suspected child abuse or child neglect and the allegation, report, or subsequent investigation indicates that the abuse or neglect was committed by a person responsible for the child's health or welfare, the law enforcement agency must refer the allegation or provide a copy of the written report and the results of any investigation to the DHS. The bill would require a law enforcement agency to do the same if it discovered evidence of or received a report of an individual allowing a child to be exposed to or to have contact with meth production.
Also, under the CPL, if the allegation, report, or investigation indicates that the individual who committed the suspected abuse or neglect is a child care provider and the law enforcement agency believes that the report has basis in fact, the agency must send a copy of the report or the results of the investigation to the child care regulatory agency having authority over the provider. Under the bill, this also would apply if a child care provider were suspected of causing a child to be exposed to or have contact with meth production.
MCL 722.623 Legislative Analyst: Curtis Walker
FISCAL IMPACT
The bill would have no fiscal impact on State or local government. The changes apparently would codify existing practice of the Department of Human Services.
Date Completed: 5-11-06 Fiscal Analyst: Constance Cole
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5844/0506