Bill Summary – FastDemocracy

HOUSE BILL NO. 4664
     May 25, 2023, Introduced by Reps. Johnsen, Rigas, Outman and Kunse and referred to the
       Committee on Families, Children and Seniors.
          A bill to amend 1975 PA 238, entitled
    "Child protection law,"
    by amending section 7b (MCL 722.627b), as amended by 2011 PA 89.
                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 7b. (1) 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 must consist of at least all of
 the following:
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       (a) A county medical examiner or deputy county medical
 examiner appointed under 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.
       (f) A representative of the local court.
       (2) A child fatality review team established under subsection
 (1) shall must review each child fatality occurring in the county
 or counties that established the child fatality review team.
       (3) The department shall must 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 must make available, as necessary,
 training on specific types of child fatalities, investigation
 techniques, and prevention initiatives.
       (4) 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 Four representatives of the department.
       (b) Two representatives of the department of community health.
       (b) (c) One county medical examiner.
       (c) (d) One representative of law enforcement.
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       (d) (e) One county prosecuting attorney.
       (e) (f) The children's ombudsman or his or her designee.
       (f) (g) A representative of a state or local court.
       (6) The citizen review panel shall must review each child
 fatality that involves allegations of child abuse or child neglect
 for each child who, at the time of death or within the 12 months
 preceding the death, was under the court's jurisdiction under
 section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA
 288, MCL 712A.2.
       (7) Beginning December 31, 2012, and 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) and the citizen review panel
 established under subsection (6), the advisory committee
 established under subsection (4) shall must author an annual report
 on child fatalities reviewed during the previous calendar year. The
 advisory committee shall must 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.
       (8) The advisory committee established under subsection (4)
 shall must break down the information required under subsection (7)
 by county or by groups of counties as described in subsection (1).
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 The information contained in the report is public information. The
 advisory committee shall not include identifying information of
 persons individuals named in the report. The advisory committee
 shall must transmit the final report under subsection (7) to the
 department by December 31 of each year. Not less than 30 days and
 not more than 60 days after transmitting the report to the
 department, the department shall must ensure publication of the
 report and transmit a copy to the governor and to the standing
 committees of the legislature with jurisdiction over matters
 pertaining to child protection.
       (9) Except as provided in subsection (11), information
 obtained by a child fatality review team established under
 subsection (1) is confidential, is not subject to the freedom of
 information act, 1976 PA 442, MCL 15.231 to 15.246, and may be
 disclosed by the child fatality review team only to the following:
       (a) 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.
       (b) As to information concerning the cause of death of a
 particular child, an individual who was the child's parent or legal
 guardian. The child fatality review team may not release
 information to a parent or legal guardian who is criminally
 responsible for child abuse or child neglect that caused the death
 of the child and who is serving a sentence of imprisonment in a
 state or county correctional facility in this state or any other
 state, or in a federal correctional facility. Upon the individual's
 request, the child fatality review team must disclose the
 information described in this subdivision.
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       (10) 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.
       (11) The department shall must establish and maintain a
 registry of statistical information regarding children's deaths
 that shall be is accessible to the public. The registry created in
 this section shall must not disclose any identifying information
 and shall must only include statistical information covering all of
 the following:
       (a) The number of children who died while under court
 jurisdiction for child abuse or child neglect regardless of
 placement setting.
       (b) The number of children who died as a result of child abuse
 or child 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.
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Statutes affected: 
House Introduced Bill: 722.627