HOUSE BILL No. 4117


     January 28, 1997, Introduced by Rep. Profit and referred to the Committee on Human Services and Children.


        A bill to amend 1975 PA 238, entitled

   "Child protection law,"

   by amending section 8 (MCL 722.628), as amended by 1988 PA 372.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8.  (1) Within 24 hours after receiving a report made

 2    pursuant to this act, the department shall refer the report to

 3    the prosecuting attorney if the report meets the requirements of

 4    section 3(6) or shall commence an investigation of the child sus-

 5    pected of being abused or neglected.  Within 24 hours after

 6    receiving a report whether from the reporting person or from the

 7    department under section 3(6), the local law enforcement agency

 8    shall refer the report to the department if the report meets the

 9    requirements of section 3(7) or shall commence an investigation

10    of the child suspected of being abused or neglected.  If the

11    child suspected of being abused is not in the physical custody of


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 1    the parent or legal guardian and informing the parent or legal

 2    guardian would not endanger the child's health or welfare, the

 3    agency or the department shall inform the child's parent or legal

 4    guardian of the investigation as soon as the agency or the

 5    department discovers the identity of the child's parent or legal

 6    guardian.

 7         (2) In the course of its investigation, the department shall

 8    determine if the child is abused or neglected.  The department

 9    shall cooperate with law enforcement officials, courts of compe-

10    tent jurisdiction, and appropriate state agencies providing human

11    services in relation to preventing, identifying, and treating

12    child abuse and neglect; shall provide, enlist, and coordinate

13    the necessary services, directly or through the purchase of serv-

14    ices from other agencies and professions; and shall take neces-

15    sary action to prevent further abuses, to safeguard and enhance

16    the welfare of the child, and to preserve family life where

17    possible.

18         (3) In conducting its investigation, the department shall

19    seek the assistance of and cooperate with law enforcement offi-

20    cials within 24 hours after becoming aware that 1 or more of the

21    following conditions  exists  EXIST:

22         (a) Abuse or neglect is the suspected cause of a child's

23    death.

24         (b) The child is the victim of suspected sexual abuse or

25    sexual exploitation.

26         (c) Abuse or neglect resulting in severe physical injury to

27    the child requires medical treatment or hospitalization.  For



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 1    purposes of this subdivision, "severe physical injury" means

 2    brain damage, skull or bone fracture, subdural hemorrhage or

 3    hematoma, dislocation, sprains, internal injuries, poisoning,

 4    burns, scalds, severe cuts, or any other physical injury that

 5    seriously impairs the health or physical well-being of a child.

 6         (d) Law enforcement intervention is necessary for the pro-

 7    tection of the child, a department employee, or another person

 8    involved in the investigation.

 9         (e) The alleged perpetrator of the child's injury is not a

10    person responsible for the child's health or welfare.

11         (4) Law enforcement officials shall cooperate with the

12    department in conducting investigations  pursuant to  UNDER sub-

13    sections (1) and (3) and shall comply with sections 5 and 7.

14         (5) Involvement of law enforcement officials pursuant to

15    this section  shall  DOES not relieve or prevent the department

16    from proceeding with its investigation or treatment if there is

17    reasonable cause to suspect that the child abuse or neglect was

18    committed by a person responsible for the child's health or

19    welfare.

20         (6) In each county, the prosecuting attorney and the depart-

21    ment shall develop and establish procedures for involving law

22    enforcement officials as provided in this section.

23         (7) If there is reasonable cause to suspect that a child in

24    the care of or under the control of a public or private agency,

25    institution, or facility is an abused or neglected child, the

26    agency, institution, or facility shall be investigated by an

27    agency administratively independent of the agency, institution,



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 1    or facility being investigated.  If the investigation produces

 2    evidence of a violation of section 145c or sections 520b to 520g

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

 4     1931, being sections 750.145c and 750.520b to 750.520g of the

 5     Michigan Compiled Laws  1931 PA 328, MCL 750.145C AND 750.520B TO

 6    750.520G, the investigating agency shall transmit a copy of the

 7    results of the investigation to the prosecuting attorney of the

 8    county in which the agency, institution, or facility is located.

 9     The prosecuting attorney may proceed under sections 135 to 145c

10     or 520b to 520g of Act No. 328 of the Public Acts of 1931, as

11     amended, being sections 750.135 to 750.145c and 750.520b to

12     750.520g of the Michigan Compiled Laws, when a violation of these

13     sections has occurred. 

14         (8) Schools and other institutions shall cooperate with the

15    department during an investigation of a report of child abuse or

16    neglect.  Cooperation includes allowing access to the child with-

17    out parental consent if access is necessary to complete the

18    investigation or to prevent abuse or neglect of the child.

19    However, the person responsible for the child's health or welfare

20    shall be notified of the department's contact with the child at

21    the time or as soon afterward as the person can be reached.  and

22     no  IF THE DEPARTMENT INTERVIEWS THE CHILD ON SCHOOL PREMISES, A

23    SCHOOL PRINCIPAL OR THE PRINCIPAL'S DESIGNEE SHALL BE ALLOWED TO

24    REMAIN PRESENT DURING AND PARTICIPATE IN THE INTERVIEW.  THE

25    PRINCIPAL OR THE PRINCIPAL'S DESIGNEE MAY CHOOSE NOT TO REMAIN

26    PRESENT OR NOT PARTICIPATE IN THE INTERVIEW AS THE PRINCIPAL OR

27    THE PRINCIPAL'S DESIGNEE CONSIDERS APPROPRIATE.



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 1         (9) A child shall NOT be subjected to a search at a school

 2     which  THAT requires the child to remove his or her clothing to

 3    expose his buttocks or genitalia or her breasts, buttocks, or

 4    genitalia unless the department has obtained an order from a

 5    court of competent jurisdiction permitting such a search.  If the

 6    access occurs within a hospital, the investigation shall be con-

 7    ducted so as not to interfere with the medical treatment of the

 8    child or other patients.

 9         (10)  (9)  Upon completion of the investigation by the local

10    law enforcement agency or the department, the law enforcement

11    agency or department may inform the person who made the report as

12    to the disposition of the report.
































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