Bill Text: MI HB4384 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Children; protection; central repository pertaining to death of a child; create. Amends sec. 7b of 1975 PA 238 (MCL 722.627b).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-26 - Referred To Committee On Families, Seniors And Human Services [HB4384 Detail]
Download: Michigan-2011-HB4384-Engrossed.html
HB-4384, As Passed House, May 25, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4384
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 7b (MCL 722.627b), as added by 1997 PA 167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7b. (1) By January 1, 1999, each Each county may have in
place a standing child fatality review team. Two or more counties
may appoint a single child fatality review team for those counties.
The membership of a child fatality review team shall consist of at
least all of the following:
(a) A county medical examiner or deputy county medical
examiner
appointed under 1963 1953 PA 181, MCL 52.201 to 52.216.
(b) A representative of a local law enforcement agency.
(c) A representative of the department.
(d) The county prosecuting attorney or a designated assistant
county prosecutor.
(e) A representative of the department of community health or
a local health department.
(2) A child fatality review team established under subsection
(1) shall review each child fatality occurring in the county or
counties that established the child fatality review team.
(3) The department shall make available to each child fatality
review team established under subsection (1) professional,
interagency training and orientation on the review of child
fatalities. The department shall make available, as necessary,
training on specific types of child fatalities, investigation
techniques, and prevention initiatives.
(4)
By January 1, 1998, the The
department shall establish a
multiagency, multidisciplinary advisory committee to identify and
make recommendations on policy and statutory changes pertaining to
child fatalities and to guide statewide prevention, education, and
training efforts.
(5) The advisory committee created under subsection (4)
consists of the following:
(a)
Two representatives of the family independence agency
department.
(b) Two representatives of the department of community health.
(c) One county medical examiner.
(d) One representative of law enforcement.
(e) One county prosecuting attorney.
(f) The children's ombudsman or his or her designee.
(6) Using the annual compilation of child fatalities reported
by the state registrar under part 28 of the public health code,
1978 PA 368, MCL 333.2801 to 333.2899, and data received from the
child fatality review teams established under subsection (1), the
advisory committee established under subsection (4) shall publish
an annual report on child fatalities. The advisory committee shall
include in the report, at a minimum, all of the following:
(a) The total number of child fatalities and the type or cause
of each child fatality.
(b) The number of child fatalities that occurred while the
child was in foster care.
(c) The number of cases where the child's death occurred
within 5 years after family preservation or family reunification.
(d) Trends in child fatalities.
(7) The advisory committee established under subsection (4)
shall break down the information required under subsection (6) by
county or by groups of counties as described in subsection (1). The
information contained in the report is public information. The
advisory committee shall not include identifying information of
persons named in the report. The advisory committee shall transmit
a copy of the report required under subsection (6) to the governor
and to the standing committees of the legislature with jurisdiction
over matters pertaining to child protection.
(8)
Information Except as
provided in subsection (10),
information obtained by a child fatality review team established
under subsection (1) is confidential and may be disclosed by the
child fatality review team only to the department, the children's
ombudsman, the county prosecutor's office, local law enforcement,
or another child fatality review team. The information is not
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(9) An individual who is a member of a child fatality review
team established under subsection (1) or of the advisory committee
established under subsection (4) is a member of a board, council,
commission, or statutorily created task force of a governmental
agency for the purposes of section 7 of 1964 PA 170, MCL 691.1407.
(10) The department shall establish and maintain a registry of
statistical information regarding children's deaths that shall be
accessible to the public. The registry created in this section
shall not disclose any identifying information and shall only
include statistical information covering all of the following:
(a) The number of children who died while under court
jurisdiction for child abuse or neglect regardless of placement
setting.
(b) The number of children who died as a result of child abuse
or neglect after a parent had 1 or more child protective services
complaints within the 2 years preceding the child's death and the
category dispositions of those complaints.
(c) The total number of children as identified in subdivisions
(a) and (b) who died in the preceding year.
(d) The child protective services disposition of the child
fatality.