Bill Text: MI HB4385 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Children; protection; notification to children's ombudsman regarding death of a child who was a ward of the state; require. Amends 1975 PA 238 (MCL 722.621 - 722.638) by adding sec. 7k.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2011-06-29 - Assigned Pa 67'11 With Immediate Effect [HB4385 Detail]
Download: Michigan-2011-HB4385-Chaptered.html
Act No. 67
Public Acts of 2011
Approved by the Governor
June 28, 2011
Filed with the Secretary of State
June 28, 2011
EFFECTIVE DATE: June 28, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Reps. Hooker, Yonker, Kurtz, Rendon, Opsommer, Heise, Bumstead, O’Brien, Hughes, Outman and Rogers
ENROLLED HOUSE BILL No. 4385
AN ACT to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 722.621 to 722.638) by adding section 7k.
The People of the State of Michigan enact:
Sec. 7k. (1) If a child dies who is under the court’s jurisdiction under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, the department shall provide notification in writing or electronically not later than 1 business day to the court that had jurisdiction over the child under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, at the time of the child’s death, the state senator and state representative who represent the district in which that court is located, and the children’s ombudsman.
(2) The department shall notify the children’s ombudsman within 1 business day when a child dies and any of the following apply:
(a) The child died during an active child protective services investigation or an open child protective services case.
(b) The department received a prior child protective services complaint concerning the child’s caretaker.
(c) The child’s death may have resulted from child abuse or neglect.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
