Michigan Laws 722.627b – Child fatality review team; membership; review of child fatality; training and orientation; creation of advisory committee; review by citizen review panel; annual report; transmission of report to gov
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Terms Used In Michigan Laws 722.627b
- Attorney: means , if appointed to represent a child under the provisions referenced in section 10, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.622
- Child: means an individual under 18 years of age. See Michigan Laws 722.622
- Child abuse: means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 years of age or older who is involved with a youth program. See Michigan Laws 722.622
- Citizen review panel: means a panel established as required by section 5106a of the child abuse prevention and treatment act, 42 USC 5106a. See Michigan Laws 722.622
- Department: means the department of health and human services. See Michigan Laws 722.622
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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 consist of at least all of the following:
(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 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) 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 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.
(g) A representative of a state or local court.
(6) The citizen review panel shall review each child fatality that involves allegations of child abuse or 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 author an annual report on child fatalities reviewed during the previous calendar year. 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.
(8) The advisory committee established under subsection (4) shall break down the information required under subsection (7) 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 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 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 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.
(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 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.