Michigan Laws 722.628d – Categories and departmental response
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Terms Used In Michigan Laws 722.628d
- 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
- Child neglect: means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:
(i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care. See Michigan Laws 722.622Department: means the department of health and human services. See Michigan Laws 722.622 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Probate: Proving a will Structured decision-making tool: means the department document labeled "DSS-4752 (P3) (3-95)" or a revision of that document that better measures the risk of future harm to a child. See Michigan Laws 722.622
(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 child 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 child neglect, but the structured decision-making tool indicates that there is future risk of harm to the child. The department must 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 child neglect, and the structured decision-making tool indicates a low or moderate risk of future harm to the child. The department must 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 must 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 child neglect, and the structured decision-making tool indicates a high or intensive risk of future harm to the child. The department must open a protective services case and provide the services necessary under this act.
(e) Category I – court petition required. The department determines that there is evidence of child abuse or child 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 must do both 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.