2010 Michigan Compiled Laws
Chapter 722 - CHILDREN
Act 238 of 1975 - CHILD PROTECTION LAW (722.621 - 722.638)
Section 722.628d - Categories and departmental response; listing in child abuse or neglect registry; report to legislature.

CHILD PROTECTION LAW (EXCERPT)
Act 238 of 1975

722.628d Categories and departmental response; listing in child abuse or neglect registry; report to legislature.

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 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 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 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 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 neglect, based on the report that was the subject of the field investigation, on the central registry, 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 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 neglect, based on the report that was the subject of the field investigation, on the central registry, 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 neglect or for an owner, operator, volunteer, or employee of a licensed or registered child care organization 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 neglect, the department shall list the perpetrator of the child abuse or neglect on the central registry.

(5) The department shall furnish a written report described in subsection (6) to the appropriate legislative standing committees and the house and senate appropriations subcommittees for the department within 4 months after each of the following time periods:

(a) Beginning October 1, 2005 and ending September 30, 2006.

(b) Beginning October 1, 2006 and ending September 30, 2007.

(c) Beginning October 1, 2007 and ending September 30, 2008.

(6) The department shall include in a report required by subsection (5) at least all of the following information regarding all families that were classified in category III at some time during the time period covered by the report:

(a) The total number of families classified in category III.

(b) The number of cases in category III closed or reclassified during the time period covered by the report categorized as follows:

(i) The number of cases referred to voluntary community services and closed with no additional monitoring.

(ii) The number of cases referred to voluntary community services and monitored for up to 90 days.

(iii) The number of cases for which the department entered more than 1 determination that there was evidence of child abuse or neglect.

(iv) The number of cases that the department reclassified from category III to category II.

(v) The number of cases that the department reclassified from category III to category I.

(vi) The number of cases that the department reclassified from category III to category I that resulted in a removal.

(c) For the periods described in subsection (5)(b) and (c), the number of cases that the department reclassified in each of subparagraphs (iv), (v), and (vi) of subdivision (b) that were referred to and provided voluntary community services before being reclassified by the department.

History: Add. 1998, Act 484, Eff. July 1, 1999 ;-- Am. 2000, Act 45, Imd. Eff. Mar. 27, 2000 ;-- Am. 2002, Act 661, Imd. Eff. Dec. 23, 2002 ;-- Am. 2006, Act 618, Imd. Eff. Jan. 3, 2007