HOUSE BILL No. 5697 April 27, 2000, Introduced by Reps. Lockwood, Jacobs, Dennis, Baird, Prusi, Cherry, Price, Schauer, Garza, Clark, Schermesser, Neumann, Rivet, Bogardus, Woodward, Bob Brown, Clarke, Gieleghem, DeHart, Scott, Bovin, Callahan, Vaughn, Ruth Johnson, O'Neil, Jamnick, LaForge, Rison and Lemmons and referred to the Committee on Family and Civil Law. A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 3 and 8 (MCL 722.623 and 722.628), section 3 as amended by 1994 PA 177 and section 8 as amended by 2000 PA 45. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1)AEXCEPT AS PROVIDED IN SUBSECTION (9), A 2 physician, coroner, dentist, registered dental hygienist, medical 3 examiner, nurse, a person licensed to provide emergency medical 4 care, audiologist, psychologist, marriage and family therapist, 5 licensed professional counselor, certified social worker, social 6 worker, social work technician, school administrator, school 7 counselor or teacher, law enforcement officer, or regulated child 8 care provider who has reasonable cause to suspect child abuse or 9 neglect shall make immediately, by telephone or otherwise, an 06345'00 KDD 2 1 oral report, or cause an oral report to be made, of the suspected 2 child abuse or neglect to the department. Within 72 hours after 3 making the oral report, the reporting person shall file a written 4 report as required in this act. If the reporting person is a 5 member of the staff of a hospital, agency, or school, the report- 6 ing person shall notify the person in charge of the hospital, 7 agency, or school of his or her finding and that the report has 8 been made, and shall make a copy of the written report available 9 to the person in charge. One report from a hospital, agency, or 10 schoolshall be consideredIS adequate to meet the reporting 11 requirement. A member of the staff of a hospital, agency, or 12 school shall not be dismissed or otherwise penalized for making a 13 report required by this act or for cooperating in an 14 investigation. 15 (2) The written report shall contain the name of the child 16 and a description of the abuse or neglect. If possible, the 17 report shall contain the names and addresses of the child's par- 18 ents, the child's guardian, the persons with whom the child 19 resides, and the child's age. The report shall contain other 20 information available to the reporting personwhichTHAT might 21 establish the cause of the abuse or neglect, and the manner in 22 which the abuse or neglect occurred. 23 (3) The department shall inform the reporting person of the 24 required contents of the written report at the time the oral 25 report is made by the reporting person. 26 (4) The written report required in this section shall be 27 mailed or otherwise transmitted to the countydepartment of06345'00 3 1social servicesFAMILY INDEPENDENCE AGENCY of the county in 2 which the child suspected of being abused or neglected is found. 3 (5) Upon receipt of a written report of suspected child 4 abuse or neglect, the department may provide copies to the prose- 5 cuting attorney and the probate court of the counties in which 6 the child suspected of being abused or neglected resides and is 7 found. 8 (6) If the report or subsequent investigation indicates a 9 violation of sections 136b and 145c or sections 520b to 520g of 10 the Michigan penal code,Act No. 328 of the Public Acts of 1931,11being sections 750.136b, 750.145c and 750.520b to 750.520g of the12Michigan Compiled Laws1931 PA 328, MCL 750.136B, 750.145C, AND 13 750.520B TO 750.520G, or if the report or subsequent investiga- 14 tion indicates that the suspected abuse was not committed by a 15 person responsible for the child's health or welfare, and the 16 department believes that the report has basis in fact, the 17 department shall transmit a copy of the written report and the 18 results of any investigation to the prosecuting attorney of the 19 counties in which the child resides and is found. 20 (7) If a local law enforcement agency receives a written 21 report of suspected child abuse or neglect, whether from the 22 reporting person or the department, the report or subsequent 23 investigation indicates that the abuse or neglect was committed 24 by a person responsible for the child's health or welfare, and 25 the local law enforcement agency believes that the report has 26 basis in fact, the local law enforcement agency shall provide a 27 copy of the written report and the results of any investigation 06345'00 4 1 to the countydepartment of social servicesFAMILY INDEPENDENCE 2 AGENCY of the county in which the abused or neglected child is 3 found. Nothing in this subsection or subsection (6) shall be 4 construed to relieve the department of its responsibility to 5 investigate reports of suspected child abuse or neglect under 6 this act. 7 (8) For purposes of this act, the pregnancy of a child less 8 than 12 years of age or the presence of a venereal disease in a 9 child who is over 1 month of age but less than 12 years of age 10 shall be reasonable cause to suspect child abuse and neglect have 11 occurred. 12 (9) A REPORTING PERSON LISTED IN SUBSECTION (1) SHALL NOT 13 REPORT THE IDENTITY OF OR ANY IDENTIFYING INFORMATION ABOUT AN 14 INDIVIDUAL WHO LEAVES A NEWBORN WITH A HOSPITAL UNDER SECTION 19D 15 OF CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 16 712A.19D, UNLESS THE HOSPITAL DETERMINES THAT THE NEWBORN WAS A 17 VICTIM OF CHILD ABUSE OR CHILD NEGLECT BEFORE THE NEWBORN WAS 18 LEFT WITH THE HOSPITAL. AS USED IN THIS SUBSECTION, "CHILD 19 ABUSE" AND "CHILD NEGLECT" DO NOT INCLUDE ANY UNINTENDED INJURY 20 SUSTAINED BY A NEWBORN DURING THE COURSE OF CHILDBIRTH. 21 Sec. 8. (1) Within 24 hours after receiving a report made 22 under this under this act, the department shall refer the report 23 to the prosecuting attorney if the report meets the requirements 24 of section 3(6) or shall commence an investigation of the child 25 suspected of being abused or neglected. Within 24 hours after 26 receiving a report whether from the reporting person or from the 27 department under section 3(6), the local law enforcement agency 06345'00 5 1 shall refer the report to the department if the report meets the 2 requirements of section 3(7) or shall commence an investigation 3 of the child suspected of being abused or neglected. If the 4 child suspected of being abused is not in the physical custody of 5 the parent or legal guardian and informing the parent or legal 6 guardian would not endanger the child's health or welfare, the 7 agency or the department shall inform the child's parent or legal 8 guardian of the investigation as soon as the agency or the 9 department discovers the identity of the child's parent or legal 10 guardian. 11 (2) In the course of its investigation, the department shall 12 determine if the child is abused or neglected. The department 13 shall cooperate with law enforcement officials, courts of compe- 14 tent jurisdiction, and appropriate state agencies providing human 15 services in relation to preventing, identifying, and treating 16 child abuse and neglect; shall provide, enlist, and coordinate 17 the necessary services, directly or through the purchase of serv- 18 ices from other agencies and professions; and shall take neces- 19 sary action to prevent further abuses, to safeguard and enhance 20 the child's welfare, and to preserve family life where possible. 21 (3) In conducting its investigation, the department shall 22 seek the assistance of and cooperate with law enforcement offi- 23 cials within 24 hours after becoming aware that 1 or more of the 24 following conditions exist: 25 (a) Abuse or neglect is the suspected cause of a child's 26 death. 06345'00 6 1 (b) The child is the victim of suspected sexual abuse or 2 sexual exploitation. 3 (c) Abuse or neglect resulting in severe physical injury to 4 the child requires medical treatment or hospitalization. For 5 purposes of this subdivision and section 17, "severe physical 6 injury" means brain damage, skull or bone fracture, subdural hem- 7 orrhage or hematoma, dislocation, sprains, internal injuries, 8 poisoning, burns, scalds, severe cuts, or any other physical 9 injury that seriously impairs the health or physical well-being 10 of a child. 11 (d) Law enforcement intervention is necessary for the pro- 12 tection of the child, a department employee, or another person 13 involved in the investigation. 14 (e) The alleged perpetrator of the child's injury is not a 15 person responsible for the child's health or welfare. 16 (4) Law enforcement officials shall cooperate with the 17 department in conducting investigations under subsections (1) and 18 (3) and shall comply with sections 5 and 7. The department and 19 law enforcement officials shall conduct investigations in compli- 20 ance with the protocol adopted and implemented as required by 21 subsection (6). 22 (5) Involvement of law enforcement officials under this sec- 23 tion does not relieve or prevent the department from proceeding 24 with its investigation or treatment if there is reasonable cause 25 to suspect that the child abuse or neglect was committed by a 26 person responsible for the child's health or welfare. 06345'00 7 1 (6) In each county, the prosecuting attorney and the 2 department shall develop and establish procedures for involving 3 law enforcement officials as provided in this section. In each 4 county, the prosecuting attorney and the department shall adopt 5 and implement a standard child abuse and neglect investigation 6 and interview protocol using as a model the protocol developed by 7 the governor's task force on children's justice as published in 8 DSS Publication 794 (8-93). 9 (7) If there is reasonable cause to suspect that a child in 10 the care of or under the control of a public or private agency, 11 institution, or facility is an abused or neglected child, the 12 agency, institution, or facility shall be investigated by an 13 agency administratively independent of the agency, institution, 14 or facility being investigated. If the investigation produces 15 evidence of a violation of section 145c or sections 520b to 520g 16 of the Michigan penal code, 1931 PA 328, MCL 750.145c and 17 750.520b to 750.520g, the investigating agency shall transmit a 18 copy of the results of the investigation to the prosecuting 19 attorney of the county in which the agency, institution, or 20 facility is located. 21 (8) A school or other institution shall cooperate with the 22 department during an investigation of a report of child abuse or 23 neglect. Cooperation includes allowing access to the child with- 24 out parental consent if access is determined by the department to 25 be necessary to complete the investigation or to prevent abuse or 26 neglect of the child. However, the department shall notify the 27 person responsible for the child's health or welfare about the 06345'00 8 1 department's contact with the child at the time or as soon 2 afterward as the person can be reached. The department may delay 3 the notice if the notice would compromise the safety of the child 4 or child's siblings or the integrity of the investigation, but 5 only for the time 1 of those conditions exists. 6 (9) If the department has contact with a child in a school, 7 all of the following apply: 8 (a) Before contact with the child, the department investiga- 9 tor shall review with the designated school staff person the 10 department's responsibilities under this act and the investiga- 11 tion procedure. 12 (b) After contact with the child, the department investiga- 13 tor shall meet with the designated school staff person and the 14 child about the response the department will take as a result of 15 contact with the child. The department may also meet with the 16 designated school staff person without the child present and 17 share additional information the investigator determines may be 18 shared subject to the confidentiality provisions of this act. 19 (c) Lack of cooperation by the school does not relieve or 20 prevent the department from proceeding with its responsibilities 21 under this act. 22 (10) A child shall not be subjected to a search at a school 23 that requires the child to remove his or her clothing to expose 24 his buttocks or genitalia or her breasts, buttocks, or genitalia 25 unless the department has obtained an order from a court of com- 26 petent jurisdiction permitting such a search. If the access 27 occurs within a hospital, the investigation shall be conducted so 06345'00 9 1 as not to interfere with the medical treatment of the child or 2 other patients. 3 (11) The department shall enter each report made under this 4 act that is the subject of a field investigation into the CPSI 5 system. The department shall maintain a report entered on the 6 CPSI system as required by this subsection until the child about 7 whom the investigation is made is 18 years old or until 10 years 8 after the investigation is commenced, whichever is later, or, if 9 the case is classified as a central registry case, until the 10 department receives reliable information that the perpetrator of 11 the abuse or neglect is dead. Unless made public as specified 12 information released under section 7d, a report that is main- 13 tained on the CPSI system is confidential and is not subject to 14 the disclosure requirements of the freedom of information act, 15 1976 PA 442, MCL 15.231 to 15.246. 16 (12) After completing a field investigation and based on its 17 results, the department shall determine in which single category, 18 prescribed by section 8d, to classify the allegation of child 19 abuse or neglect. 20 (13) Except as provided in subsection (14), upon completion 21 of the investigation by the local law enforcement agency or the 22 department, the law enforcement agency or department may inform 23 the person who made the report as to the disposition of the 24 report. 25 (14) If the person who made the report is mandated to report 26 under section 3, upon completion of the investigation by the 27 department, the department shall inform the person in writing as 06345'00 10 1 to the disposition of the case and shall include in the 2 information at least all of the following: 3 (a) What determination the department made under subsection 4 (12) and the rationale for that decision. 5 (b) Whether legal action was commenced and, if so, the 6 nature of that action. 7 (c) Notification that the information being conveyed is 8 confidential. 9 (15) Information sent under subsection (14) shall not 10 include personally identifying information for a person named in 11 a report or record made under this act. 12 (16) IN CONDUCTING AN INVESTIGATION UNDER THIS SECTION, THE 13 DEPARTMENT, A PROSECUTING ATTORNEY, OR A LAW ENFORCEMENT AGENCY 14 SHALL NOT ATTEMPT TO DETERMINE THE IDENTITY OF AN INDIVIDUAL WHO 15 LEAVES A NEWBORN INSIDE THE PREMISES OF A HOSPITAL IN COMPLIANCE 16 WITH THE REQUIREMENTS FOR IMMUNITY THAT ARE IN SECTION 135 OF THE 17 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.135, UNLESS THE HOSPI- 18 TAL DETERMINES THAT THE NEWBORN WAS A VICTIM OF CHILD ABUSE OR 19 CHILD NEGLECT BEFORE THE NEWBORN WAS LEFT WITH THE HOSPITAL. AS 20 USED IN THIS SUBSECTION, "CHILD ABUSE" AND "CHILD NEGLECT" DO NOT 21 INCLUDE ANY UNINTENDED INJURY SUSTAINED BY A NEWBORN DURING THE 22 COURSE OF CHILDBIRTH. 23 Enacting section 1. This amendatory act does not take 24 effect unless all of the following bills of the 90th Legislature 25 are enacted into law: 26 (a) Senate Bill No. _______ or House Bill No. 5698 27 (request no. 05930'00*). 06345'00 11 1 (b) Senate Bill No. _______ or House Bill No. 5699 2 (request no. 06082'00 a*). 06345'00 Final page. KDD