Bill Text: MI HB4108 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Children; protection; mandatory reporting requirements for child abuse or child neglect; expand to include physical therapist and physical therapist assistant. Amends sec. 3 of 1975 PA 238 (MCL 722.623).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-06-20 - Referred To Committee On Families, Seniors And Veterans [HB4108 Detail]
Download: Michigan-2019-HB4108-Introduced.html
HOUSE BILL No. 4108
January 29, 2019, Introduced by Reps. Hauck, Griffin, Ellison, Yaroch, Chirkun, Inman and Kennedy and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
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, physical
therapist, physical therapist assistant, 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 an immediate report to
centralized intake by telephone, or, if available, through the
online reporting system, of the suspected child abuse or child
neglect. Within 72 hours after making an oral report by telephone
to centralized intake, the reporting person shall file a written
report as required in this act. If the immediate report has been
made using the online reporting system and that report includes the
information required in a written report under subsection (2), that
report is considered a written report for the purposes of this
section and no additional written report is required. 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 or
electronic 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).
(2) The written report or a report made using the online
reporting
system shall must 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 must be
mailed or otherwise transmitted to centralized intake.
(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 section 136b, 145c, 462a to 462h, or 520b to
520g of the Michigan penal code, 1931 PA 328, MCL 750.136b,
750.145c, 750.462a to 750.462h, and 750.520b to 750.520g, or a
violation of 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 child abuse or child neglect is a child
care provider and the department believes that the report has basis
in
fact, the department shall, within 24 hours of after completion
of the allegation, written report, or subsequent investigation,
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 child abuse or child 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 Neither this
subsection
or nor subsection (1) 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 sexually transmitted
infection in a child who is over 1 month of age but less than 12
years of age is reasonable cause to suspect child abuse or child
neglect has 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
