(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

(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.