HOUSE BILL No. 4662 May 11, 1999, Introduced by Reps. Hager, Gilbert, Kowall, LaSata, DeHart, Caul, Faunce, Woodward, Ehardt, Bovin, Patterson, Hart, Howell, Allen, Shulman and Raczkowski and referred to the Committee on Family and Children Services. A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1998 PA 484. 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 sus- 5 pected 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 10 of the child suspected of being abused or neglected. If the 11 child suspected of being abused is not in the physical custody of 02316'99 TMV 2 1 the parent or legal guardian and informing the parent or legal 2 guardian would not endanger the child's health or welfare, the 3 agency or the department shall inform the child's parent or legal 4 guardian of the investigation as soon as the agency or the 5 department discovers the identity of the child's parent or legal 6 guardian. 7 (2) In the course of its investigation, the department shall 8 determine if the child is abused or neglected. The department 9 shall cooperate with law enforcement officials, courts of compe- 10 tent jurisdiction, and appropriate state agencies providing human 11 services in relation to preventing, identifying, and treating 12 child abuse and neglect; shall provide, enlist, and coordinate 13 the necessary services, directly or through the purchase of serv- 14 ices from other agencies and professions; and shall take neces- 15 sary action to prevent further abuses, to safeguard and enhance 16 the child's welfare, and to preserve family life where possible. 17 (3) In conducting its investigation, the department shall 18 seek the assistance of and cooperate with law enforcement offi- 19 cials within 24 hours after becoming aware that 1 or more of the 20 following conditions exist: 21 (a) Abuse or neglect is the suspected cause of a child's 22 death. 23 (b) The child is the victim of suspected sexual abuse or 24 sexual exploitation. 25 (c) Abuse or neglect resulting in severe physical injury to 26 the child requires medical treatment or hospitalization. For 27 purposes of this subdivision and section 17, "severe physical 02316'99 3 1 injury" means brain damage, skull or bone fracture, subdural 2 hemorrhage or hematoma, dislocation, sprains, internal injuries, 3 poisoning, burns, scalds, severe cuts, or any other physical 4 injury that seriously impairs the health or physical well-being 5 of a child. 6 (d) Law enforcement intervention is necessary for the pro- 7 tection of the child, a department employee, or another person 8 involved in the investigation. 9 (e) The alleged perpetrator of the child's injury is not a 10 person responsible for the child's health or welfare. 11 (4) Law enforcement officials shall cooperate with the 12 department in conducting investigations under subsections (1) and 13 (3) and shall comply with sections 5 and 7. The department and 14 law enforcement officials shall conduct investigations in compli- 15 ance with the protocol adopted and implemented as required by 16 subsection (6). 17 (5) Involvement of law enforcement officials under this sec- 18 tion does not relieve or prevent the department from proceeding 19 with its investigation or treatment if there is reasonable cause 20 to suspect that the child abuse or neglect was committed by a 21 person responsible for the child's health or welfare. 22 (6) In each county, the prosecuting attorney and the depart- 23 ment shall develop and establish procedures for involving law 24 enforcement officials as provided in this section. In each 25 county, the prosecuting attorney and the department shall adopt 26 and implement a standard child abuse and neglect investigation 27 and interview protocol using as a model the protocol developed by 02316'99 4 1 the governor's task force on children's justice as published in 2 DSS Publication 794 (8-93). 3 (7) If there is reasonable cause to suspect that a child in 4 the care of or under the control of a public or private agency, 5 institution, or facility is an abused or neglected child, the 6 agency, institution, or facility shall be investigated by an 7 agency administratively independent of the agency, institution, 8 or facility being investigated. If the investigation produces 9 evidence of a violation of section 145c or sections 520b to 520g 10 of the Michigan penal code, 1931 PA 328, MCL 750.145c and 11 750.520b to 750.520g, the investigating agency shall transmit a 12 copy of the results of the investigation to the prosecuting 13 attorney of the county in which the agency, institution, or 14 facility is located. 15 (8) A school or other institution shall cooperate with the 16 department AND LAW ENFORCEMENT AGENCIES during an investigation 17 of a report of child abuse or neglect. Cooperation includes 18 allowing access to the child without parental consent if access 19 is determined by the department to be necessary to complete the 20 investigation or to prevent abuse or neglect of the child. 21 However, the department OR A LAW ENFORCEMENT AGENCY shall notify 22 the person responsible for the child's health or welfare about 23 the department's OR LAW ENFORCEMENT AGENCY'S contact with the 24 child at the time or as soon afterward as the person can be 25 reached. The department OR A LAW ENFORCEMENT AGENCY may delay 26 the notice if the notice would compromise the safety of the child 02316'99 5 1 or child's siblings or the integrity of the investigation, but 2 only for the time 1 of those conditions exists. 3 (9) If the department OR A LAW ENFORCEMENT AGENCY has con- 4 tact with a child in a school, all of the following apply: 5 (a) Before contact with the child, the department investiga- 6 tor OR LAW ENFORCEMENT OFFICIAL shall review with the designated 7 school staff person the department's OR LAW ENFORCEMENT AGENCY'S 8 responsibilities under this act and the investigation procedure. 9 (b) After contact with the child, the department investiga- 10 tor OR LAW ENFORCEMENT OFFICIAL shall meet with the designated 11 school staff person and the child about the response the depart- 12 ment OR LAW ENFORCEMENT AGENCY will take as a result of contact 13 with the child. The department INVESTIGATOR OR LAW ENFORCEMENT 14 OFFICIAL may also meet with the designated school staff person 15 without the child present and share additional information the 16 investigator OR OFFICIAL determines may be shared subject to the 17 confidentiality provisions of this act. 18 (c) Lack of cooperation by the school does not relieve or 19 prevent the department OR A LAW ENFORCEMENT AGENCY from proceed- 20 ing with its responsibilities under this act. 21 (10) A child shall not be subjected to a search at a school 22 that requires the child to remove his or her clothing to expose 23 his buttocks or genitalia or her breasts, buttocks, or genitalia 24 unless the department OR LAW ENFORCEMENT AGENCY has obtained an 25 order from a court of competent jurisdiction permitting such a 26 search. If the access occurs within a hospital, the 02316'99 6 1 investigation shall be conducted so as not to interfere with the 2 medical treatment of the child or other patients. 3 (11) The department shall enter each report made under this 4 act that is the subject of a field investigation into the CPSI 5 system. The department shall maintain a report entered on the 6 CPSI system as required by this subsection until the child about 7 whom the investigation is made is 18 years old or until 10 years 8 after the investigation is commenced, whichever is later. Unless 9 made public as specified information released under section 7d, a 10 report that is maintained on the CPSI system is confidential and 11 is not subject to the disclosure requirements of the freedom of 12 information act, 1976 PA 442, MCL 15.231 to 15.246. After com- 13 pleting a field investigation and based on its results, the 14 department shall determine in which single category, prescribed 15 by section 8d, to classify the allegation of child abuse or 16 neglect. 17 (12) Except as provided in (13), upon completion of the 18 investigation by the local law enforcement agency or the depart- 19 ment, the law enforcement agency or department may inform the 20 person who made the report as to the disposition of the report. 21 (13) If the person who made the report is mandated to report 22 under section 3, upon completion of the investigation by the 23 department, the department shall inform the person in writing as 24 to the disposition of the case and shall include in the informa- 25 tion at least all of the following: 26 (a) What determination the department made under 27 subsection (11) and the rationale for that decision. 02316'99 7 1 (b) Whether legal action was commenced and, if so, the 2 nature of that action. 3 (c) Notification that the information being conveyed is 4 confidential. 5 (14) Information sent under subsection (13) shall not 6 include personally identifying information for a person named in 7 a report or record made under this act. 02316'99 Final page. 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