March 8, 2006, Introduced by Reps. Baxter, Ball, LaJoy, Gosselin, Schuitmaker, Farhat, Moore, Stahl, Nitz, David Law, Proos, Vander Veen, Caswell, Mortimer, Newell, Taub, Sheen, Marleau and Casperson and referred to the Committee on Family and Children Services.
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 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, 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 and the
allegation, written report, or subsequent investigation indicates
that the child abuse or child neglect 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 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) For purposes of this act, if an individual who is required
to report under this act has reasonable cause to suspect that a
child has been exposed to or has had contact with methamphetamine
production, that is reasonable cause to suspect child abuse and
neglect.