HB-5844, As Passed Senate, May 18, 2006

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5844

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 3 (MCL 722.623), as amended by 2002 PA 693.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) An individual is required to report under this act

 

as follows:

 

     (a) A physician, dentist, physician's assistant, registered

 

dental hygienist, medical examiner, nurse, person licensed to

 

provide emergency medical care, audiologist, psychologist, marriage

 

and family therapist, licensed professional counselor,  certified

 

social worker, social worker, social work technician  social

 

worker, licensed master's social worker, licensed bachelor's social

 

worker, registered social service technician, social service

 

technician, school administrator, school counselor or teacher, law

 

enforcement officer, member of the clergy, or regulated child care


 

provider who has reasonable cause to suspect child abuse or neglect

 

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

 

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

 

neglect to the department. Within 72 hours after making the oral

 

report, the reporting person shall file a written report as

 

required in this act. If the reporting person is a member of the

 

staff of a hospital, agency, or school, the reporting person shall

 

notify the person in charge of the hospital, agency, or school of

 

his or her finding and that the report has been made, and shall

 

make a copy of the written report available to the person in

 

charge. A notification to the person in charge of a hospital,

 

agency, or school does not relieve the member of the staff of the

 

hospital, agency, or school of the obligation of reporting to the

 

department as required by this section. One report from a hospital,

 

agency, or school  shall be considered  is adequate to meet the

 

reporting requirement. A member of the staff of a hospital, agency,

 

or school shall not be dismissed or otherwise penalized for making

 

a report required by this act or for cooperating in an

 

investigation.

 

     (b) A department employee who is 1 of the following and has

 

reasonable cause to suspect child abuse or neglect shall make a

 

report of suspected child abuse or neglect to the department:

 

     (i) Eligibility specialist.

 

     (ii) Family independence manager.

 

     (iii) Family independence specialist.

 

     (iv) Social services specialist.

 

     (v) Social work specialist.

 

     (vi) Social work specialist manager.

 

     (vii) Welfare services specialist.

 

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

 

a description of the abuse or neglect. If possible, the report

 

shall contain the names and addresses of the child's parents, the

 

child's guardian, the persons with whom the child resides, and the

 

child's age. The report shall contain other information available

 

to the reporting person that might establish the cause of the abuse

 

or neglect, and the manner in which the abuse or neglect occurred.

 

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

 

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

 

is made by the reporting person.

 

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

 

mailed or otherwise transmitted to the county  family independence

 

agency  department of the county in which the child suspected of

 

being abused or neglected is found.

 

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

 

or neglect, the department may provide copies to the prosecuting

 

attorney and the probate court of the counties in which the child

 

suspected of being abused or neglected resides and is found.

 

     (6) If an allegation, written report, or subsequent

 

investigation of suspected child abuse or child neglect indicates a

 

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

 

the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c, and

 

750.520b to 750.520g, or section 7401c of the public health code,

 

1978 PA 368, MCL 333.7401c, involving methamphetamine has occurred,

 

or if the allegation, written report, or subsequent investigation


 

indicates that the suspected child abuse or child neglect was

 

committed by an individual who is not a person responsible for the

 

child's health or welfare, including, but not limited to, a member

 

of the clergy, a teacher, or a teacher's aide, the department shall

 

transmit a copy of the allegation or written report and the results

 

of any investigation to a law enforcement agency in the county in

 

which the incident occurred. If an allegation, written report, or

 

subsequent investigation indicates that the individual who

 

committed the suspected abuse or neglect is a child care provider

 

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

 

department shall transmit a copy of the written report or the

 

results of the investigation to the child care regulatory agency

 

with authority over the child care provider's child care

 

organization or adult foster care location authorized to care for a

 

child.

 

     (7) If a local law enforcement agency receives an allegation

 

or written report of suspected child abuse or child neglect or

 

discovers evidence of or receives a report of an individual

 

allowing a child to be exposed to or to have contact with

 

methamphetamine production, and the allegation, written report, or

 

subsequent investigation indicates that the child abuse or child

 

neglect or allowing a child to be exposed to or to have contact

 

with methamphetamine production, was committed by a person

 

responsible for the child's health or welfare, the local law

 

enforcement agency shall refer the allegation or provide a copy of

 

the written report and the results of any investigation to the

 

county  family independence agency  department of the county in


 

which the abused or neglected child is found, as required by

 

subsection (1)(a). If an allegation, written report, or subsequent

 

investigation indicates that the individual who committed the

 

suspected abuse or neglect or allowed a child to be exposed to or

 

to have contact with methamphetamine production, is a child care

 

provider and the local law enforcement agency believes that the

 

report has basis in fact, the local law enforcement agency shall

 

transmit a copy of the written report or the results of the

 

investigation to the child care regulatory agency with authority

 

over the child care provider's child care organization or adult

 

foster care location authorized to care for a child. Nothing in

 

this subsection or subsection (1) shall be construed to relieve the

 

department of its responsibilities to investigate reports of

 

suspected child abuse or child neglect under this act.

 

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

 

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

 

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

 

reasonable cause to suspect child abuse and neglect have occurred.

 

     (9) In conducting an investigation of child abuse or child

 

neglect, if the department suspects that a child has been exposed

 

to or has had contact with methamphetamine production, the

 

department shall immediately contact the law enforcement agency in

 

the county in which the incident occurred.