HomeMy WebLinkAboutResolutions - 1995.12.07 - 24381REPORT (Misc. #95263)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: DEPARTMENT OF SOCIAL SERVICES - AMENDMENT TO CHILD PROTECTION
LAW, PUBLIC ACT 238 OF 1975, AND PUBLIC ACT 1978 #642-424
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on November 20, 1995, reports with the recommendation that the
resolution be amended to read as follows:
MISCELLANEOUS RESOLUTION #95263
BY: Shelley Taub, District #12; Ruth Johnson, District #1; John McCulloch, District
#22; Dan Devine, Jr., District #14
IN RE: DEPARTMENT OF SOCIAL SERVICES - AMENDMENT TO CHILD PROTECTION
LAW, 1975 P.A. 238. AS AMENDED. THE REVISED PROBATE CODE. 1978 P.A. 642.,
AS AMENDED. AND THE L.E.I.N. POLICY COUNCIL ACT OF 1974. AS AMENDED.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS SAFEGUARDING AND ENHANCING THE WELFARE OF CHILDREN
is of foremost concern IN GUARDIANSHIP AND PROTECTIVE PROQEEDINGS; and
WHEREAS THE PROBATE COURT IS CHARGED WITH THE RESPONSIBILITY OF
APPROVING CHILD PLACEMENT IN GUARPIANSHIP AND PROTECTIVE
PROCEEDINGS, and
WHEREAS the Michigan Department of Social Services MAINTAINS information
on known child abusers; and
WHEREAS THE MICHIGAN DEPARTIV1ENT OF STATE POLICE MAINTAINS
CRIMINAL HISTORY RECORD INFORMATIQE: AND
WHEREAS PROBATE COURT ACCESS TO INFORMATION ON KNOWN CH=
ABUSERS AND CONVICTEI? FELONY OFFENDERS, maintained by the Michigan
Department of Social Services AND/OR THE MICHIGAN DEPARTMENT OF STATE
POLICE is ESSENTIAL to help insure that known child abusers AND/OR CONVICTED
FELONY OFFENDERS are not hired, licensed or certified, or allowed to volunteer in
child care facilities, schools or to function as guardians; and
WHEREAS, TO BETTER PBQIECT QUR CHILDREN. THE CHILD PROTECTION
LAWS 1975 P.A. 238. AS AMENDED. SHOULD BE REVISED AT MCL 722.62711)(k1
AND MCL 722,627(1)(L} TO INCLUDE "GUARDIANSHIPS"; AND
AMENDED TC EWBATE COURT IS GIVEN ACCESS TO CRIMINA
A VI
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WHEREAS. TO BETTER PROTECT CHILDREN/. THE REVISED_EROBAIESSIDE.
1978 P.A. 642. AS ANUNDED. SHOULD BE AMENDED AT MCL 700.424 AND MCL
700.424A. TO REQUIRE AN INVESTIGATION INTO THE BACKGROUND OF
PROPOSED GUARDIANS; AND
WHEREAS. THE L.E.I.N. POLICY COUNCIL ACT OF 1974 $HOIJI D BE
HISTORY RECORD INFORMATION PRIOR TO ACTING IN GUARDIANSHIP AND
PROTECTIVE PROCEEDINGS.
NOW THEREFORE BE IT RESOLVED that the OAKLAND COUNTY Board of
Commissioners requests that the MICHIGAN LEGISLATURE ACT TO MAKE CENTRAL
THE MICHIGAN STATE POLICE AVAILABLE TO PROBATE COURTS.
BE IT FURTHER RESOLVED that THE LEGISLATURE SHOULD REQUIRE THAT
before THE guardianship of a child is granted, THE PROBATE COURT SHALL
AND Tlit MICHIGAB
POLICE CRIMINAL HISTORY RECORD INFORMATION RELATING TO THE POTENTIAL
GUARDIAN'S) OR LIMITED GUARDIAN'S).
BE IT FURTHER RESOLVED that the Child Protection Law, 1975 P.A. 238, Aa
AMENDED. SHOULD be amended TO READ as follows:
(k) A child placing agency licensed under Act No. 116 of the Public Acts
of 1973, being sections 722.111 to 722.128 of the Michigan Compiled
Laws for the purpose of investigating an applicant for adoption, a foster
care applicant or licensee or an employee of a foster care applicant or
licensee, an adult member of an applicant's or licensee's household, or
other persons in a foster care or adoptive home who are directly
responsible for the care and welfare of children, to determine suitability
of a home for adoption, OF foster care OR A GUARDIANSHIP. The child
placing agency shall disclose the information to a foster care applicant
or licensee under Act No. 116 of the Public Acts of 1973, or to an
applicant for adoption.
(1) Juvenile court staff authorized by the court to investigate foster care
applicants, GUARDIANSHIPS and licensees, employees of foster care
applicants and licensees, adult members of the applicant's or licensee's
household, and other persons in the home who are directly responsible
for the care and welfare of children, for the purpose of determining the
suitability of the home for foster care. The court shall disclose this
information to the applicant or licensee.
BE IT FURTHER RESOLVED that THE REVISED PROBATE CODE, 1978 P.A. 642
as amended, SHOULD be amended BY THE LEGISLATURE to read AS FOLLOWS:
SEC.424. A person interested in the welfare of a minor, of a minor if 14
years of age or older, may petition for the appointment of a guardian of
the minor, The court may SHALL order the department of social services
or an employee or agent of the Court to conduct an investigation of the
proposed guardianship, INCLUDING A CENTRAL REGISTRY RECORDS
CHECK, and file a written report of the investigation. THE COURT SHALL
ORDER AN EMPLOYEE OR AGENT OF THE COURT TO CONDUST _AN
INVESTIGATION OF THE PROPOSED GUARDIAN'S CRIMINAL HISTORY,
INCLUDING A CRIMINAL HISTORY RECORD INFORMATION CHECK. AND
FILE A WRITTEN REPORT OF THE INVESTIGATION.
SEC. 424A.(1) ID) THE COURT SHALL ORDER AN EMPLOYEE OR
AGENT OF THE COURT TO CONDUCT AN INVESTIGATION OF THE
PR_QPQSED GUARDIAN'S CRIMINAL HISTORY. INCLUDING A CENTRAL
REGISTRY RECORDS CHECK AND A CRIMINAL HISTORY RECQBD
INFORMATION CHECK. AND FILE A _MITTEN REPORT OF THE
INVESTIGATION.
BE IT FURTHER RESOLVED THAT THE LEGISLATURE SHOULD AMEND THE
L.E.I.N. POLICY COUNCIL ACT OF 1974, 1974 P.A. 163, AT MCI 28.214.10 READ
AS FOLLOWS:
SEC.4. (d) THE COUNCIL SHALL ESTABLISH POLICY AND
PROMULGATE RULES ALLOWING MICHIGAN PROBATE COURTS
ACCESS TO L.E.I.N. CRIMINAL HISTQRY RECON INFORMATION FOR
USE IN ALL CHILD GUARDIANSHIP AND PROTECTIVE PROCEEDINGS.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the
Governor and all Oakland County legislators.
Chairperson, I move the adoption of the foregoing resolution.
Shelley G. Taub, Ruth Johnson,
Dan Devine, John McCulloch
Chairperson, on behalf of the General Government Committee, I move the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #95263) October 26, 1995
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: N.R. #95263 - Department of Social Services - Amendment to Child Protection
Law, P.A. 238 of 1975,and P.A. 1978 #642-424
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Health and Human Services Committee, having reviewed the above-referenced
resolution on October 18, 1995, reports with the recommendation that the resolution
be adopted.
Chairperson, on behalf of the Health and Human Services Committee, I move the
acceptance of the foregoing report.
HEALTH AND HUMAN SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #95263
BY: Shelley Taub, District # 12; Ruth Johnson, District #1; John McCulloch, District #22; Dan
Devine, Jr., District #14
Di RE: Department of Social Services - Amendment to Child Protection law, P.A. 238 of 1975,
and P.A. 1978 #642-424
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS protection of children is of foremost concern; and
WHEREAS an important aspect of child protection is knowledge of abusive human
behavior; and
WHEREAS the Michigan Department of Social Services obtains information on known child
abusers; and
WHEREAS access to known child abusers information maintained by the Michigan
Department of Social Services is important to help insure that known child abusers are not hired,
licensed or certified, nor allowed to volunteer in child care facilities, schools or to function as
guardians; and
WHEREAS the Child Protection Law, P.A. 238 of 1975, as amended, [MCL 722.627,
section 7.1 (k) and (I)] should be revised to also include "guardianships" in order to fully protect
children; and
WHEREAS P.A. 1978, #642-424, as amended [700.424, section 424(1)] should be amended
in order to fully protect children
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners requests that the
Department of Social Services' records for known child abusers shall be made accessible to child
care institutions, probate courts and other legally responsible entities.
BE IT FURTHER RESOLVED that before guardianship of a child is granted, a criminal
records review will be conducted by the placement agency and such information shall be shared with
child care institutions, Probate Court and any other legally responsible entities.
BE IT FURTHER RESOLVED that the Child Protection Law, P.A. 238 of 1975, as
amended, [MCL 722.627, Section 7, (1) (k) and (1)] be amended as follows:
sl;
JOHN MCCULLOCH, DISTRICT 22
(k) A child placing agency licensed under Act No 116 of the Public Acts of
1973, being sections 721.111 to 722.128 of the Michigan Compiled Laws
for the purpose of investigating an applicant for adoption, a foster care
applicant or licensee or an employee of a foster care applicant or licensee,
an adult member of an applicant's or licensee's household, or other
persons in a foster care or adoptive home who are directly responsible for
the care and welfare of children, to determine suitability of a home for
adoption, or foster care OR A GUARDIANSHIP. The child placing agency
shall disclose the information to a foster care applicant or licensee under
Act No. 116 of the Public Acts of 1973, or to an applicant for adoption.
(I) Juvenile court staff authorized by the court to investigate foster care
applicants, GUARDIANSHIPS and licensees, employees of foster care
applicants and licensees, adult members of the applicant's or licensee's
household, and other persons in the home who are directly responsible for
the care and welfare of children, for the purpose of determining the
suitability of the home for foster care. The court shall disclose this
information to the applicant or licensee.
BE IT FURTHER RESOLVED that P.A. 1978, #642-424, as previously amended, be
amended to read "700,424 Appointment of guardian of minor;
Visitation and contact by parents sec. 424(1). A person interested in the welfare of
a minor, of a minor if 14 years of age or older, may petition for the appointment of
a guardian of the minor. The court may SHALL order the department of social
services or an employee or agent of the Court to conduct an investigation of the
proposed guardianship and file a written report of the investigation.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor and
all Oakland County legislators,
hairperson, I move the adoption of the foregoing ret, . - ri. Aiii— - i ,, , '
U._ —AP, _e. '4, .111-/----------..
SHELLEY G. T IF DISTRICT 12 R JOHN fer , DISTRICT 1
DAN DEVINE, DISTRICT 14
Allen, County Clerk
Resolution #95263 December 7, 1995
Moved by Schmid supported by McCulloch the General Government Committee and
the Health and Human Services Committee Reports be accepted_
A sufficient majority having voted therefor, the reports were accepted.
Moved by Schmid supported by Devine the resolution be adopted.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendation of the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
hU I ittiAlihtLU u4I 1 LAilti IV L
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a, resolution adopted by the
Oakland County Board of Commissioners on December 7, 1995 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 7th day of Decembex_095.