HOUSE BILL No. 4708

 

 

June 11, 2019, Introduced by Reps. Meerman, Crawford, Schroeder, Hall, Rendon, Webber, Reilly, Liberati, LaFave, Cynthia Johnson, Camilleri and Allor and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1975 PA 238, entitled

 

"Child protection law,"

 

by amending section 8d (MCL 722.628d), as amended by 2014 PA 30.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8d. (1) For the department's determination required by

 

section 8, the categories, and the departmental response required

 

for each category, are the following:

 

     (a) Category V - services not needed. Following a field

 

investigation, the department determines that there is no evidence

 

of child abuse or child neglect.

 

     (b) Category IV - community services recommended. Following a

 

field investigation, the department determines that there is not a

 

preponderance of evidence of child abuse or child neglect, but the

 

structured decision-making tool indicates that there is future risk

 

of harm to the child. The department shall assist the child's

 

family in voluntarily participating in community-based services

 

commensurate with the risk to the child.

 

     (c) Category III - community services needed. The department

 

determines that there is a preponderance of evidence of child abuse

 

or child neglect, and the structured decision-making tool indicates

 

a low or moderate risk of future harm to the child. The department

 

shall assist the child's family in receiving community-based

 

services commensurate with the risk to the child. If the family

 

does not voluntarily participate in services, or the family

 

voluntarily participates in services, but does not progress toward

 

alleviating the child's risk level, the department shall consider

 

reclassifying the case as category II.

 

     (d) Category II - child protective services required. The

 

department determines that there is evidence of child abuse or

 

child neglect, and the structured decision-making tool indicates a

 

high or intensive risk of future harm to the child. The department

 

shall open a protective services case and provide the services

 

necessary under this act. The department shall also list the

 

perpetrator of the child abuse or child neglect, based on the

 

report that was the subject of the field investigation, on the

 

central registry as provided in section 7(7), either by name or as

 

"unknown" if the perpetrator has not been identified.

 

     (e) Category I - court petition required. The department

 

determines that there is evidence of child abuse or child neglect

and 1 or more of the following are true:

 

     (i) A court petition is required under another provision of

 

this act.

 

     (ii) The child is not safe and a petition for removal is

 

needed.

 

     (iii) The department previously classified the case as

 

category II and the child's family does not voluntarily participate

 

in services.

 

     (iv) There is a violation, involving the child, of a crime

 

listed or described in section 8a(1)(b), (c), (d), or (f) or of

 

child abuse in the first or second degree as prescribed by section

 

136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.

 

     (2) In response to a category I classification, the department

 

shall do all of the following:

 

     (a) If a court petition is not required under another

 

provision of this act, submit a petition for authorization by the

 

court under section 2(b) of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.2.

 

     (b) Open a protective services case and provide the services

 

necessary under this act.

 

     (c) List the perpetrator of the child abuse or child neglect,

 

based on the report that was the subject of the field

 

investigation, on the central registry as provided in section 7(7),

 

either by name or as "unknown" if the perpetrator has not been

 

identified.

 

     (3) The department is not required to use the structured

 

decision-making tool for a nonparent adult who resides outside the

child's home who is the victim or alleged victim of child abuse or

 

child neglect or for an owner, operator, volunteer, or employee of

 

a licensed or registered child care organization, an unlicensed

 

child development and care program child care provider, or a

 

licensed or unlicensed adult foster care family home or adult

 

foster care small group home as those terms are defined in section

 

3 of the adult foster care facility licensing act, 1979 PA 218, MCL

 

400.703.

 

     (4) If following a field investigation the department

 

determines that there is a preponderance of evidence that an

 

individual listed in subsection (3) was the perpetrator of child

 

abuse or child neglect, the department shall list the perpetrator

 

of the child abuse or child neglect on the central registry as

 

provided in section 7(7).