(1) Except as provided in subsection (2), within 24 hours after the department determines that a child was severely physically injured as defined in section 8, sexually abused, or allowed to be exposed to or have contact with methamphetamine production, the department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2.
(2) The department is not required to file a petition for authorization by the court as described in subsection (1) if the department determines that the parent or legal guardian is not a suspected perpetrator of the abuse and the department determines that all of the following apply:
Terms Used In Michigan Laws 722.637
- Child: means a person under 18 years of age. See Michigan Laws 722.622
- Department: means the department of health and human services. See Michigan Laws 722.622
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(a) The parent or legal guardian did not neglect or fail to protect the child.
(b) The parent or legal guardian does not have a historical record that shows a documented pattern of neglect or failing to protect the child.
(c) The child is safe in the parent’s or legal guardian’s care.