Bill Text: MI SB1112 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Children; protection; task force on the prevention of sexual abuse of children; create. Amends 1975 PA 238 (MCL 722.621 - 722.638) by adding sec. 12b. TIE BAR WITH: SB 1113'12

Spectrum: Bipartisan Bill

Status: (Passed) 2012-12-31 - Assigned Pa 0593'12 With Immediate Effect [SB1112 Detail]

Download: Michigan-2011-SB1112-Chaptered.html

Act No. 593

Public Acts of 2012

Approved by the Governor

January 8, 2013

Filed with the Secretary of State

January 9, 2013

EFFECTIVE DATE: January 9, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senators Proos, Warren, Booher, Hopgood, Hansen, Brandenburg, Jones, Nofs, Emmons, Whitmer, Gregory, Anderson, Young and Marleau

ENROLLED SENATE BILL No. 1112

AN ACT to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 722.621 to 722.638) by adding section 12b.

The People of the State of Michigan enact:

Sec. 12b. (1) The task force on the prevention of sexual abuse of children is created within the department.

(2) The governor shall appoint members to the task force in consultation with the department. The appointment of members must reflect the geographic diversity of this state. Members of the task force must include the following:

(a) Individuals who have experience and expertise in the fields of intervention and prevention of child abuse and neglect, education, or child welfare.

(b) A representative from the Michigan coalition to end domestic and sexual violence.

(c) A representative from the Michigan domestic and sexual violence prevention and treatment board.

(d) A representative from the Michigan chapter of the national children’s alliance.

(e) An administrator or staff member of a child assessment center.

(f) A licensed therapist trained to counsel or treat child sexual abuse victims.

(g) A circuit court judge or his or her designee.

(h) A school district board member, intermediate school district board member, or public school academy board member.

(3) The department director or his or her designee shall serve as the task force’s presiding officer. The task force shall meet at the call of the presiding officer. The task force shall make recommendations for reducing child sexual abuse in this state. The task force shall also make recommendations for school policies that address the sexual abuse of children. In making those recommendations, the task force shall do all of the following:

(a) Gather information concerning child sexual abuse throughout this state.

(b) Receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations.

(c) Review steps taken and programs established in other states to reduce child sexual abuse.

(d) Create goals for state policy that are aimed at preventing child sexual abuse.

(e) Create recommendations and guidelines for school policies addressing sexual abuse of children according to section 1505 of the revised school code, 1976 PA 451, MCL 380.1505. These recommendations and guidelines shall be flexible enough to allow accommodation for local autonomy and values.

(f) Create recommendations and guidelines for age-appropriate, evidence-based child sexual abuse awareness.

(g) Create recommendations and guidelines for school personnel to respond appropriately to pupils affected by sexual abuse.

(h) Create recommendations and guidelines for providing educational material to parents and guardians on the warning signs of child sexual abuse and information on assistance and referrals or resources.

(i) Develop a child sexual abuse protocol to be utilized by all community partners in order to help to identify, prevent, and investigate child sexual abuse.

(j) Submit a final report with the task force’s recommendations to the governor and the legislature not later than 365 days after the members of the task force are appointed.

(4) The recommendations described under subsection (3) may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local government.

(5) The task force shall consult with the employees of the department who work on child protection matters, the department of state police, the state board of education, and any other state agency or department necessary to accomplish the task force’s responsibilities under this section.

(6) The members of the task force shall serve without compensation and shall not be reimbursed for their expenses.

(7) The task force shall be abolished upon submission of the final report required in subsection (3) to the governor and the legislature.

(8) Upon written request from a child or the child’s parent or legal guardian, that child shall be excused, without penalty, from participating in the task force’s information-gathering efforts.

(9) As used in this section, “task force” means the task force on the prevention of sexual abuse of children created in subsection (1).

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1113 of the 96th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor