HOUSE BILL No. 6350
November 10, 2004, Introduced by Reps. Sheen, Hummel, Pastor,
Stakoe, Palsrok, Kooiman, Garfield, Vander Veen, Stahl, Pappageorge
and Shaffer and referred to the Committee on Judiciary.


A bill to amend 1975 PA 238, entitled

"Child protection
law,"

by amending sections 8 and 8c (MCL 722.628 and 722.628c),
section
8 as amended by 2004 PA 195 and section 8c as added by 1997
PA
168.
THE PEOPLE OF THE STATE OF MICHIGAN
ENACT:
1 Sec. 8. (1) Within 24 hours after receiving a report
made
2 under this act, the department shall refer the report to
the
3 prosecuting attorney if the report meets the requirements
of
4 section 3(6) or shall commence an investigation of the
child
5 suspected 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









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




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




3 the parent or legal guardian and informing the parent or
legal




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




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




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




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




8
guardian.





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




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




11 shall cooperate with law enforcement officials, courts
of




12 competent jurisdiction, and appropriate state agencies
providing




13 human services in relation to preventing, identifying,
and




14 treating child abuse and neglect; shall provide, enlist,
and




15 coordinate the necessary services, directly or through
the




16 purchase of services from other agencies and professions;
and




17 shall take necessary action to prevent further abuses,
to




18 safeguard and enhance the child's welfare, and to preserve
family




19 life where possible. In the course of an investigation, at
the




20 time that a department investigator contacts an individual
about




21 whom a report has been made under this act or contacts
an




22 individual responsible for the health or welfare of a child
about




23 whom a report has been made under this act, the
department




24 investigator shall advise that individual of the
department




25 investigator's name, whom the department investigator
represents,




26 and the specific complaints or allegations made against
the




27 individual. The department shall ensure that its
policies,






1 procedures, and administrative rules ensure compliance with
the




2 provisions of this
act.




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




4 seek the assistance of and cooperate with law
enforcement




5 officials within 24 hours after becoming aware that 1 or more
of




6 the following conditions
exist:




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




8
death.





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




10 sexual
exploitation.





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




12 the child requires medical treatment or hospitalization.
For




13 purposes of this subdivision and section 17, "severe
physical




14 injury" means brain damage, skull or bone fracture,
subdural




15 hemorrhage or hematoma, dislocation, sprains, internal
injuries,




16 poisoning, burns, scalds, severe cuts, or any other
physical




17 injury that seriously impairs the health or physical well-
being




18 of a
child.





19 (d) Law enforcement intervention is necessary for
the




20 protection of the child, a department employee, or another
person




21 involved in the
investigation.




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




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




24 (4) Law enforcement officials shall cooperate with
the




25 department in conducting investigations under subsections (1)
and




26 (3) and shall comply with sections 5 and 7. The department
and




27 law enforcement officials shall conduct investigations
in






1 compliance with the protocols adopted and implemented as
required




2 by subsection
(6).




3 (5) Involvement of law enforcement officials under
this




4 section does not relieve or prevent the department
from




5 proceeding with its investigation or treatment if there
is




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




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




8
welfare.





9 (6) In each county, the prosecuting attorney and
the




10 department shall develop and establish procedures for
involving




11 law enforcement officials as provided in this section. In
each




12 county, the prosecuting attorney and the department shall
adopt




13 and implement standard child abuse and neglect investigation
and




14 interview protocols using as a model the protocols developed
by




15 the governor's task force on children's justice as published
in




16 FIA Publication 794 (revised 8-98) and FIA Publication
779




17 (8-98), or an updated version of those
publications.




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




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




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




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




22 agency administratively independent of the agency,
institution,




23 or facility being investigated. If the investigation
produces




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




25 of the Michigan penal code, 1931 PA 328, MCL 750.145c
and




26 750.520b to 750.520g, the investigating agency shall transmit
a




27 copy of the results of the investigation to the
prosecuting






1 attorney of the county in which the agency, institution,
or




2 facility is
located.




3 (8) A school or other institution shall cooperate with
the




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




5 neglect. Cooperation includes allowing access to the
child




6 without parental consent if access is determined by
the




7 department to be necessary to complete the investigation or
to




8 prevent abuse or neglect of the child. However, the
department




9 shall notify the person responsible for the child's health
or




10 welfare about the department's contact with the child at the
time




11 or as soon afterward as the person can be reached.
The




12 department may delay the notice if the notice would
compromise




13 the safety of the child or child's siblings or the integrity
of




14 the investigation, but only for the time 1 of those
conditions




15
exists.





16 (9) If the department has contact with a child in a
school,




17 all of the following
apply:




18 (a) Before contact with the child, the
department




19 investigator shall review with the designated school staff
person




20 the department's responsibilities under this act and
the




21 investigation
procedure.




22 (b) The designated school staff person or another
individual




23 with whom the child is familiar shall be present during
an




24 interview with the child by the department investigator.
The




25 designated school staff person or other individual with whom
the




26 child is familiar who is present during the interview must
be




27 someone with whom the child feels
comfortable.






1 (c) (b) After contact with the child, the
department




2 investigator shall meet with the designated school staff
person




3 and the child about the response the department will take as
a




4 result of contact with the child. The department may also
meet




5 with the designated school staff person without the child
present




6 and share additional information the investigator determines
may




7 be shared subject to the confidentiality provisions of this
act.




8 (d) (c) Lack of cooperation by the school does not
relieve




9 or prevent the department from proceeding with
its




10 responsibilities under this
act.




11 (10) A child shall not be subjected to a search at a
school




12 that requires the child to remove his or her clothing to
expose




13 his buttocks or genitalia or her breasts, buttocks, or
genitalia




14 unless the department has obtained an order from a court
of




15 competent jurisdiction permitting such a search. If the
access




16 occurs within a hospital, the investigation shall be conducted
so




17 as not to interfere with the medical treatment of the child
or




18 other
patients.





19 (11) The department shall enter each report made under
this




20 act that is the subject of a field investigation into the
CPSI




21 system. The department shall maintain a report entered on
the




22 CPSI system as required by this subsection until the child
about




23 whom the investigation is made is 18 years old or until 10
years




24 after the investigation is commenced, whichever is later, or,
if




25 the case is classified as a central registry case, until
the




26 department receives reliable information that the perpetrator
of




27 the abuse or neglect is dead. Unless made public as
specified






1 information released under section 7d, a report that
is




2 maintained on the CPSI system is confidential and is not
subject




3 to the disclosure requirements of the freedom of information
act,




4 1976 PA 442, MCL 15.231 to
15.246.




5 (12) After completing a field investigation and based on
its




6 results, the department shall determine in which single
category,




7 prescribed by section 8d, to classify the allegation of
child




8 abuse or
neglect.




9 (13) Except as provided in subsection (14), upon
completion




10 of the investigation by the local law enforcement agency or
the




11 department, the law enforcement agency or department may
inform




12 the person who made the report as to the disposition of
the




13
report.





14 (14) If the person who made the report is mandated to
report




15 under section 3, upon completion of the investigation by
the




16 department, the department shall inform the person in writing
as




17 to the disposition of the case and shall include in
the




18 information at least all of the
following:




19 (a) What determination the department made under
subsection




20 (12) and the rationale for that
decision.




21 (b) Whether legal action was commenced and, if so, the
nature




22 of that
action.




23 (c) Notification that the information being conveyed
is




24
confidential.





25 (15) Information sent under subsection (14) shall not
include




26 personally identifying information for a person named in a
report




27 or record made under this
act.






1 (16) Unless section 5 of chapter XII of the probate code
of




2 1939, 1939 PA 288, MCL 712.5, requires a physician to report
to




3 the department, the surrender of a newborn in compliance
with




4 chapter XII of the probate code of 1939, 1939 PA 288, MCL
712.1




5 to 712.20, is not reasonable cause to suspect child abuse
or




6 neglect and is not subject to the section 3
reporting




7 requirement. This subsection does not apply to
circumstances




8 that arise on or after the date that chapter XII of the
probate




9 code of 1939, 1939 PA 288, MCL 712.1 to 712.20, is
repealed.




10 This subsection applies to a newborn whose birth is described
in




11 the born alive infant protection act and who is considered to
be




12 a newborn surrendered under the safe delivery of newborns law
as




13 provided in section 3 of chapter XII of the probate code of
1939,




14 1939 PA 288, MCL
712.3.




15 (17) All department employees involved in investigating
child




16 abuse or child neglect cases shall be trained in the legal
duties




17 to protect the state and federal constitutional and
statutory




18 rights of children and families from the initial contact of
an




19 investigation through the time services are
provided.




20 Sec. 8c. (1) During an investigation of suspected
child




21 abuse or neglect, the child reported to have been abused
or




22 neglected shall not be interviewed in the presence of
an




23 individual suspected to have perpetrated the
abuse.




24 (2) During an investigation of suspected child abuse
or




25 neglect, the child reported to have been abused or
neglected




26 shall be interviewed in the presence of a designated school
staff




27 person or other individual with whom the child is familiar.
The






1 designated school staff person or other individual with whom
the




2 child is familiar who is present during the interview must
be




3 someone with whom the child feels
comfortable.