Bill Text: MI SB0420 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Children; protection; considerations for returning child to custody of parent; modify. Amends secs. 2 & 18 of 1975 PA 238 (MCL 722.622 & 722.638).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-15 - Assigned Pa 0059'18 With Immediate Effect [SB0420 Detail]
Download: Michigan-2017-SB0420-Introduced.html
SENATE BILL No. 420
May 31, 2017, Introduced by Senator PAVLOV and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 2 and 18 (MCL 722.622 and 722.638), section 2
as amended by 2016 PA 491 and section 18 as amended by 2010 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adult foster care location authorized to care for a
child" means an adult foster care family home or adult foster care
small group home as defined in section 3 of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.703, in which a child
is placed in accordance with section 5 of 1973 PA 116, MCL 722.115.
(b) "Attorney" means, if appointed to represent a child under
the provisions referenced in section 10, an attorney serving as the
child's legal advocate in the manner defined and described in
section 13a of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.13a.
(c) "Central registry" means the system maintained at the
department that is used to keep a record of all reports filed with
the department under this act in which relevant and accurate
evidence of child abuse or child neglect is found to exist.
(d) "Central registry case" means a child protective services
case that the department classifies under sections 8 and 8d as
category I or category II. For a child protective services case
that was investigated before July 1, 1999, central registry case
means an allegation of child abuse or child neglect that the
department substantiated.
(e) "Centralized intake" means the department's statewide
centralized processing center for reports of suspected child abuse
and child neglect.
(f) "Child" means a person under 18 years of age.
(g) "Child abuse" means harm or threatened harm to a child's
health or welfare that occurs through nonaccidental physical or
mental injury, sexual abuse, sexual exploitation, or maltreatment,
by a parent, a legal guardian, or any other person responsible for
the child's health or welfare or by a teacher, a teacher's aide, or
a member of the clergy.
(h) "Child care organization" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(i) "Child care provider" means an owner, operator, employee,
or volunteer of a child care organization or of an adult foster
care location authorized to care for a child.
(j) "Child care regulatory agency" means the department of
licensing and regulatory affairs or a successor state department
that is responsible for the licensing or registration of child care
organizations or the licensing of adult foster care locations
authorized to care for a child.
(k) "Child neglect" means harm or threatened harm to a child's
health or welfare by a parent, legal guardian, or any other person
responsible for the child's health or welfare that occurs through
either of the following:
(i) Negligent treatment, including the failure to provide
adequate food, clothing, shelter, or medical care, though
financially able to do so or when offered financial or other
reasonable means to do so.
(ii) Placing a child at an unreasonable risk to the child's
health or welfare by failure of the parent, legal guardian, or
other person responsible for the child's health or welfare to
intervene to eliminate that risk when that person is able to do so
and has, or should have, knowledge of the risk.
(l) "Children's advocacy center" means an entity accredited as
a child advocacy center by the National Children's Alliance or its
successor agency or an entity granted associate or developing
membership status by the National Children's Alliance or its
successor agency.
(m) "Citizen review panel" means a panel established as
required by section 5106a of the child abuse prevention and
treatment act, 42 USC 5106a.
(n) "Member of the clergy" means a priest, minister, rabbi,
Christian science practitioner, or other religious practitioner, or
similar functionary of a church, temple, or recognized religious
body, denomination, or organization.
(o) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(p) "CPSI system" means the child protective service
information system, which is an internal data system maintained
within and by the department, and which is separate from the
central registry and not subject to section 7.
(q) "Department" means the department of health and human
services.
(r) "Director" means the director of the department.
(s) "Expunge" means to physically remove or eliminate and
destroy a record or report.
(t) "Lawyer-guardian ad litem" means an attorney appointed
under section 10 who has the powers and duties referenced by
section 10.
(u) "Local office file" means the system used to keep a record
of a written report, document, or photograph filed with and
maintained by a county or a regionally based office of the
department.
(v) "Nonparent adult" means a person who is 18 years of age or
older and who, regardless of the person's domicile, meets all of
the following criteria in relation to a child:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent
or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related
to the child by blood or affinity to the third degree.
(w) "Online reporting system" means the electronic system
established by the department for individuals identified in section
3(1) to report suspected child abuse or child neglect.
(x) "Person responsible for the child's health or welfare"
means a parent, legal guardian, person 18 years of age or older who
resides for any length of time in the same home in which the child
resides, or, except when used in section 7(2)(e) or 8(8), nonparent
adult; or an owner, operator, volunteer, or employee of 1 or more
of the following:
(i) A licensed or registered child care organization.
(ii) A licensed or unlicensed adult foster care family home or
adult foster care small group home as defined in section 3 of the
adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(iii) A court-operated facility as approved under section 14
of the social welfare act, 1939 PA 280, MCL 400.14.
(y) "Relevant evidence" means evidence having a tendency to
make the existence of a fact that is at issue more probable than it
would be without the evidence.
(z) "Sexual abuse" means engaging in sexual contact or sexual
penetration as those terms are defined in section 520a of the
Michigan penal code, 1931 PA 328, MCL 750.520a, with a child.
(aa) "Sexual exploitation" includes allowing, permitting, or
encouraging a child to engage in prostitution, or allowing,
permitting, encouraging, or engaging in the photographing, filming,
or depicting of a child engaged in a listed sexual act as defined
in section 145c of the Michigan penal code, 1931 PA 328, MCL
750.145c.
(bb) "Specified information" means information in a children's
protective services case record related specifically to the
department's actions in responding to a complaint of child abuse or
child neglect. Specified information does not include any of the
following:
(i) Except as provided in this subparagraph regarding a
perpetrator of child abuse or child neglect, personal
identification information for any individual identified in a child
protective services record. The exclusion of personal
identification information as specified information prescribed by
this subparagraph does not include personal identification
information identifying an individual alleged to have perpetrated
child abuse or child neglect, which allegation has been classified
as a central registry case.
(ii) Information in a police agency report or other law
enforcement agency report as provided in section 7(8).
(iii) Any other information that is specifically designated as
confidential under other law.
(iv) Any information not related to the department's actions
in responding to a report of child abuse or child neglect.
(cc) "Structured decision-making tool" means the department
document labeled "DSS-4752 (P3) (3-95)" or a revision of that
document that better measures the risk of future harm to a child.
(dd) "Substantiated" means a child protective services case
classified as a central registry case.
(ee) "Unsubstantiated" means a child protective services case
the department classifies under sections 8 and 8d as category III,
category IV, or category V.
Sec. 18. (1) The department shall submit a petition for
authorization by the court under section 2(b) of chapter XIIA of
1939 PA 288, MCL 712A.2, if 1 or more of the following apply:
(a) The department determines that a parent, guardian, or
custodian, or a person who is 18 years of age or older and who
resides for any length of time in the child's home, has abused the
child or a sibling of the child and the abuse included 1 or more of
the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life threatening injury.
(vi) Murder or attempted murder.
(b) The department determines that there is risk of harm,
abuse, or neglect to the child and either of the following is true:
(i) The parent's rights to another child were terminated as a
result of proceedings under section 2(b) of chapter XIIA of 1939 PA
288, MCL 712A.2, or a similar law of another state and the parent
has failed to rectify the conditions that led to the prior
termination of parental rights.
(ii) The parent's rights to another child were voluntarily
terminated following the initiation of proceedings under section
2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law
of another state, the parent has failed to rectify the conditions
that led to the prior termination of parental rights, and the
proceeding involved abuse that included 1 or more of the following:
(A) Abandonment of a young child.
(B) Criminal sexual conduct involving penetration, attempted
penetration, or assault with intent to penetrate.
(C) Battering, torture, or other severe physical abuse.
(D) Loss or serious impairment of an organ or limb.
(E) Life-threatening injury.
(F) Murder or attempted murder.
(G) Voluntary manslaughter.
(H) Aiding and abetting, attempting to commit, conspiring to
commit, or soliciting murder or voluntary manslaughter.
(2) In a petition submitted as required by subsection (1), if
a parent is a suspected perpetrator or is suspected of placing the
child at an unreasonable risk of harm due to the parent's failure
to take reasonable steps to intervene to eliminate that risk, the
department shall include a request for termination of parental
rights at the initial dispositional hearing as authorized under
section 19b of chapter XIIA of 1939 PA 288, MCL 712A.19b.
(3) If the department is considering petitioning for
termination of parental rights at the initial dispositional hearing
as authorized under section 19b of chapter XIIA of 1939 PA 288, MCL
712A.19b, even though the facts of the child's case do not require
departmental action under subsection (1), the department shall hold
a conference among the appropriate agency personnel to agree upon
the course of action. The department shall notify the attorney
representing the child of the time and place of the conference, and
the attorney may attend. If an agreement is not reached at this
conference, the department director or the director's designee
shall resolve the disagreement after consulting the attorneys
representing both the department and the child.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
