HOUSE BILL NO. 5220

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 11, 11a, 11b, and 11f (MCL 400.11, 400.11a, 400.11b, and 400.11f), sections 11, 11a, and 11f as amended by 1990 PA 122 and section 11b as amended by 2012 PA 175.

the people of the state of michigan enact:

Sec. 11. As used in this section and sections 11a to 11f:

(a) "Abuse" means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.

(b) "Adult in need of protective services" or "adult" means a vulnerable person individual not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.

(c) "Exploitation" means an action that involves the misuse of an adult's funds, property, or personal dignity by another person.

(d) "Michigan veterans' facility" means a Michigan veterans' facility established under 1885 PA 152, MCL 36.1 to 36.12, or a veterans' facility as that term is defined in section 2 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.102.

(e) (d) "Neglect" means harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person An individual shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person individual is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.individual.

(f) (e) "Protective services" includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect, or exploitation.

(g) (f) "Vulnerable" means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.

Sec. 11a. (1) A person who is employed, licensed, registered, or certified to provide health care, educational, social welfare, mental health, or other human services; an employee of an agency licensed to provide health care, educational, social welfare, mental health, or other human services; a law enforcement officer; or an employee of the office of the county medical examiner who suspects or has reasonable cause to believe that an adult has been abused, neglected, or exploited shall make immediately, by telephone or otherwise, an oral report to the county department of social services of the county in which the abuse, neglect, or exploitation is suspected of having or believed to have occurred. After making the oral report, the reporting person may file a written report with the county department. A person described in this subsection who is also required to make a report pursuant to under section 21771 of the public health code, Act No. 368 of the Public Acts of 1978, as amended, being section 333.21771 of the Michigan Compiled Laws 1978 PA 368, MCL 333.21771, and who makes that report is not required to make a duplicate report to the county department of social services under this section.

(2) A report made by a physician or other licensed health professional pursuant to under subsection (1) shall is not be considered a violation of any legally recognized privileged communication or a violation of article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.1978 PA 368, MCL 333.16101 to 333.18838.

(3) In addition to those persons required to make an oral report under subsection (1), any person who suspects that an adult has been abused, neglected, or exploited may make a report to the county department of social services of the county in which the abuse, neglect, or exploitation is suspected of having occurred. This subsection includes a report of abuse, neglect, or exploitation concerning an adult residing in a Michigan veterans' facility.

(4) The department shall provide a toll-free telephone complaint line for receiving reports of abuse, neglect, or exploitation concerning an adult residing in a Michigan veterans' facility. The telephone number must be listed on the department's website as the "Veterans' Home Abuse Hotline". The complaint line must be accessible 24 hours per day and monitored at a level to ensure that a response is initiated to a complaint within 24 hours after its receipt.

(5) (4) A report made under this section shall must contain the name of the adult and a description of the abuse, neglect, or exploitation. If possible, the report shall must contain the adult's age and the names and addresses of the adult's guardian or next of kin, and of the persons with whom the adult resides, including their relationship to the adult. The report shall must contain other information available to the reporting person that may establish the cause of the abuse, neglect, or exploitation and the manner in which the abuse, neglect, or exploitation occurred or is occurring. The county department shall reduce to put in writing the information provided in an oral report received pursuant to under this section.

(6) (5) The county department shall report to a police agency any criminal activity that it believes to be occurring, upon receipt of the oral report.

(7) (6) This section shall not be construed as limiting does not limit the responsibilities of the police agency of a local unit of government to enforce the laws of this state or as precluding and does not preclude the police agency from reporting and investigating, as appropriate, alleged criminal conduct.

Sec. 11b. (1) Within 24 hours after receiving a report made or information obtained under section 11a, the county department shall commence an investigation to determine whether the person individual suspected of being or believed to be abused, neglected, or exploited is an adult in need of protective services. A reasonable belief on the part of the county department that the person individual is an adult in need of protective services is a sufficient basis for investigation. The following applies to an investigation commenced under this subsection:

(a) If an investigation pertains to concerns an adult residing in an adult foster care facility licensed by the department of human services, licensing and regulatory affairs, the county department shall provide the adult foster care licensee with the substance of the abuse or neglect allegations as soon as practicable after the beginning of the investigation. The licensee shall have the opportunity to respond to the allegations, and the response shall must be included in the record.

(b) If an investigation concerns an adult residing in a Michigan veterans' facility, the county department shall provide a written copy of the report made or information obtained under section 11a to the office of the Michigan veterans' facility ombudsman and the department of military and veterans affairs within 24 hours after receiving the report. The county department shall coordinate the investigation commenced under this subsection with an investigation undertaken by the office of the Michigan veterans' facility ombudsman or the department of military and veterans affairs concerning the report provided under this subdivision.

(2) Upon a request by the county department, local law enforcement officers shall cooperate with the county department in an investigation of suspected abuse, neglect, or exploitation. However, the The investigation required by this section shall is not be in place of an investigation by the appropriate police agency regarding suspected criminal conduct arising from the suspected abuse, neglect, or exploitation.

(3) The investigation shall must include a determination of the nature, extent, and cause of the abuse, neglect, or exploitation; examination of evidence; identification, if possible, of the person responsible for the abuse, neglect, or exploitation; the names and conditions of other adults in the place of residence; an evaluation of the persons responsible for the care of the adult, if appropriate; the environment of the residence; the relationship of the adult to the person responsible for the adult's care; an evaluation as to whether or not the adult would consent to receiving protective services; and other pertinent data.

(4) The investigation shall must include an in-person interview with the adult. The county department shall conduct the interview by means of a personal visit with the adult in the adult's dwelling or in the office of the county department. In attempting to conduct a personal visit with the adult in the adult's dwelling, if admission to the dwelling is denied, the county department may seek to obtain a search warrant as provided in 1966 PA 189, MCL 780.651 to 780.659.

(5) The investigation may include a medical, psychological, social, vocational, and educational evaluation and review.

(6) In the course of an investigation, the county department shall determine if the adult is or was abused, neglected, or exploited. The county department shall make available to the adult the appropriate and least restrictive protective services, directly or through the purchase of services from other agencies and professions, and shall take necessary action to safeguard and enhance the welfare of the adult, if possible. The county department also shall collaborate with law enforcement officers, courts of competent jurisdiction, and appropriate state and community agencies providing human services, which services that are provided in relation to preventing, identifying, and treating adult abuse, neglect, or exploitation. If the abuse, neglect, or exploitation involves substance abuse, the county department shall collaborate with the local substance abuse coordinating agency as designated by the office of substance abuse services in the department of community health recovery oriented systems of care for a referral for substance abuse use disorder services. The county department may petition for a finding of incapacity and appointment of a guardian or temporary guardian as provided in section 5303 or 5312 of the estates and protected individuals code, 1998 PA 386, MCL 700.5303 and 700.5312, and may petition for the appointment of a conservator as provided in section 5401 of the estates and protected individuals code, 1998 PA 386, MCL 700.5401, for a vulnerable adult.

(7) Upon completion of an investigation, the county department shall prepare a written report of the investigation and its findings. A copy of this written report shall must be forwarded to the department of human services upon the request. of the department of human services.If an investigation concerns an adult residing in a Michigan veterans' facility, the county department shall provide a copy of the written report prepared under this subsection to the department, the Michigan veterans' facility ombudsman, and the department of military and veterans affairs.

(8) The county department may provide a copy of the written report prepared under subsection (7) to the prosecuting attorney for the county in which the adult suspected of being or believed to be abused, neglected, or exploited resides or is found.

(9) A representative from the department, of human services, the department of state police, the department of attorney general, and the office of services to the aging and adult services agency, and an individual designated by the state attorney general who is a representative of long-term care providers, and is designated by the state attorney general, shall meet and develop a state model protocol for the investigation of vulnerable adult abuse cases. This state model protocol shall be developed not more than 1 year after the effective date of the amendatory act that added this subsection. A county prosecuting attorney, in cooperation with the local county department and local law enforcement agencies, may adopt a local protocol for the investigation of vulnerable adult abuse cases that is based on the state model protocol.

(10) A representative from the department shall meet with a representative from the office of the Michigan veterans' facility ombudsman and a representative from the department of military and veterans affairs to develop a model protocol for the investigation of reports of abuse concerning adults residing in Michigan veterans' facilities. The model protocol must be based on the state model protocol developed under subsection (9). The model protocol must be developed not more than 1 year after the effective date of the amendatory act that added this subsection.

Sec. 11f. (1) The state Except as provided in this subsection, the department shall not take any action pursuant to under sections 11 to 11e in the case of a person an adult who is residing in a state funded and operated facility or institution, including but not limited to a correctional institution, mental hospital, psychiatric hospital, psychiatric unit, or a developmental disability regional center. This subsection does not preclude the department from taking action in accordance with sections 11 to 11e in the case of an adult who is residing in a Michigan veterans' facility in this state.

(2) The state department shall not investigate suspected abuse, neglect, or any other suspected incident pursuant to under sections 11 to 11e if the department of public health licensing and regulatory affairs has investigative and enforcement responsibility for the incident pursuant to under section 20201, 21771, or 21799a of the public health code, Act No. 368 of the Public Acts of 1978, as amended, being sections 333.20201, 333.21771, and 333.21799a of the Michigan Compiled Laws. 1978 PA 368, MCL 333.20201, 333.21771, and 333.21799a. The state department shall refer a report of suspected abuse or neglect in an institution governed by those sections to the department of public health.licensing and regulatory affairs.

(3) Sections 11 to 11e do not preclude the director from entering into interdepartmental agreements to carry out the duties and responsibilities of the state department under sections 11 to 11e in state funded and operated facilities or institutions, or to coordinate investigation in state licensed facilities under contract with a state agency in order to avoid duplication of effort among state agencies having statutory responsibility to investigate.

(4) The state department and the department of attorney general shall enter into an agreement establishing criteria to be used to determine those identify complaints involving a facility that receives funding under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396d, 1396f to 1396g, and 1396i to 1396s, or involving the delivery of a service funded under title XIX. of the social security act, which The complaints shall identified under this subsection must be referred immediately to the department of attorney general for possible investigation and prosecution.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 5219 (request no. 04816'19).

(b) Senate Bill No.____ or House Bill No. 5221 (request no. 04895'19).