Michigan Laws > Chapter 722 > Act 238 of 1975 – Child Protection Law
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Terms Used In Michigan Laws > Chapter 722 > Act 238 of 1975 - Child Protection Law
- Adult foster care location authorized to care for a child: means an adult foster care family home or adult foster care small group home as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 722.622
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Central registry: means a repository of names of individuals who are identified as perpetrators related to a central registry case in the department's statewide electronic case management system. See Michigan Laws 722.622
- Central registry case: means the department confirmed that a person responsible for the child's health or welfare committed serious abuse or neglect, sexual abuse, or sexual exploitation of a child, or allowed a child to be exposed to or have contact with methamphetamine production. See Michigan Laws 722.622
- Centralized intake: means the department's statewide centralized processing center for reports of suspected child abuse and child neglect. 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
- Child care organization: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 722.622
- Child care provider: means an owner, operator, employee, or volunteer of a child care organization or of an adult foster care location authorized to care for a child. See Michigan Laws 722.622
- Child care regulatory agency: means the department of licensing and regulatory affairs, the department's division of child welfare licensing, or a successor state department that is responsible for the licensing or registration of child care organizations or the licensing of adult foster care locations authorized to care for a child. 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 722.622Citizen 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Confirmed case: means the department has determined, by a preponderance of evidence, that child abuse or child neglect occurred by a person responsible for the child's health, welfare, or care. See Michigan Laws 722.622 Confirmed case of methamphetamine production: means a confirmed case that involved a child's exposure or contact with methamphetamine production. See Michigan Laws 722.622 Confirmed serious abuse or neglect: means a confirmed case of mental injury or physical injury or neglect to a child that involves any of the following:
(i) Battering, torture, or other serious physical harm. See Michigan Laws 722.622Confirmed sexual abuse: means a confirmed case that involves sexual penetration, sexual contact, attempted sexual penetration, or assault with intent to penetrate as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.622 Confirmed sexual exploitation: means a confirmed case that involves allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in a listed sexual act as that term is defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.622 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 722.622 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the department of health and human services. See Michigan Laws 722.622 Director: means the director of the department. See Michigan Laws 722.622 Electronic case management system: means the child protective service information system, that is an internal data system maintained within and by the department. 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. Expunge: means to physically remove or eliminate and destroy a record or report. 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 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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. in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q 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. Lawyer-guardian ad litem: means an attorney appointed under section 10 who has the powers and duties referenced by section 10. See Michigan Laws 722.622 Local office file: means the system used to keep a record of a written report, document, or photograph filed with and maintained by a county or a regionally based office of the department. See Michigan Laws 722.622 Member of the clergy: means a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization. See Michigan Laws 722.622 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Nonparent adult: means a person who is 18 years of age or older and who, regardless of the person's domicile, meets all of the following criteria in relation to a child:
(i) Has substantial and regular contact with the child. See Michigan Laws 722.622Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Online reporting system: means the electronic system established by the department for individuals identified in section 3(1) to report suspected child abuse or child neglect. See Michigan Laws 722.622 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probate: Proving a will Specified information: means information in a children's protective services case record related specifically to the department's actions in responding to a complaint of child abuse or child neglect. See Michigan Laws 722.622 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 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 Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Uphold: The decision of an appellate court not to reverse a lower court decision.