HOUSE BILL No. 4441

 

 

March 30, 2017, Introduced by Reps. Kosowski, Lucido, Sabo, Leutheuser and Kahle and referred to the Committee on Judiciary.

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 3 (MCL 722.623), as amended by 2016 PA 35.

 

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, social

 

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

 

worker, registered social service technician, social service

 

technician, a person employed in a professional capacity in any

 

office of the friend of the court, 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 child neglect shall make an immediate

 

report to centralized intake by telephone, or, if available,

 

through the online reporting system, of the suspected child abuse

 

or child neglect. Within 72 hours after making an oral report by

 

telephone to centralized intake, the reporting person shall file a

 

written report as required in this act. If the immediate report has

 

been made using the online reporting system and that report

 

includes the information required in a written report under

 

subsection (2), that report is considered a written report for the

 

purposes of this section and no additional written report is

 

required. 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 or electronic 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 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 child neglect shall make

 

a report of suspected child abuse or child neglect to the


department in the same manner as required under subdivision (a):

 

     (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.

 

     (c) Any employee of an organization or entity that, as a

 

result of federal funding statutes, regulations, or contracts,

 

would be prohibited from reporting in the absence of a state

 

mandate or court order. A person required to report under this

 

subdivision shall report in the same manner as required under

 

subdivision (a).

 

     (d) An animal control officer employed by any local unit of

 

government who, in the course of his or her duties respecting

 

animal abuse or neglect, has reasonable cause to suspect child

 

abuse or child neglect. The report shall be made in the manner as

 

required under subdivision (a).

 

     (2) The written report or a report made using the online

 

reporting system shall contain the name of the child and a

 

description of the child abuse or child 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 child abuse or child neglect, and the manner in


which the child abuse or child 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 centralized intake.

 

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

 

or child 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, 145c, 462a 462b to 462h, or 520b to

 

520g of the Michigan penal code, 1931 PA 328, MCL 750.136b,

 

750.145c, 750.462a 750.462b to 750.462h, 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 child abuse or child neglect is a child

 

care provider and the department believes that the report has basis

 

in fact, the department shall, within 24 hours of completion,

 

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 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 child abuse or child 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) relieves 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 sexually transmitted

 

infection in a child who is over 1 month of age but less than 12

 

years of age is reasonable cause to suspect child abuse or child

 

neglect has 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4442 (request no.

 

01719'17) of the 99th Legislature is enacted into law.