Bill Text: MI HB4199 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Children; protection; mandatory reporting requirements for child abuse or child neglect; expand to include coaches and school volunteers. Amends sec. 3 of 1975 PA 238 (MCL 722.623).
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2013-02-07 - Printed Bill Filed 02/07/2013 [HB4199 Detail]
Download: Michigan-2013-HB4199-Introduced.html
HOUSE BILL No. 4199
February 6, 2013, Introduced by Reps. McCann, Singh, Dillon, Irwin, Slavens, Cavanagh, LaVoy, Brown, Clemente, Santana, Darany, Goike, Lane and Townsend and referred to the Committee on Education.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 3 (MCL 722.623), as amended by 2008 PA 510.
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 immediately, by
telephone or otherwise, an oral report, or cause an oral report to
be made, of the suspected child abuse or child 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 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 athletic coach or other coach at a school or
institution of higher education who has reasonable cause to suspect
child abuse or child neglect shall make a report of the suspected
child abuse or child neglect to the department in the same manner
as required under subdivision (a).
(e) A volunteer at a school or institution of higher education
who has reasonable cause to suspect child abuse or child neglect
shall make a report of the suspected child abuse or child neglect
to the department in the same manner as required under subdivision
(a).
(2) The written report 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 the county 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 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, and 145c, sections or 520b
to 520g of
the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c, 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 abuse or 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 abuse or 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) shall be
construed
to relieve 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 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 child neglect have
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.
