SENATE BILL No. 1220

 

 

November 27, 2018, Introduced by Senators MARLEAU, JONES, HANSEN, KNOLLENBERG, STAMAS, NOFS, KOWALL, MACGREGOR, GREGORY and SCHMIDT and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 11 (MCL 400.11), as amended by 1990 PA 122.

 

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,

 

isolation, or maltreatment.

 

     (b) "Adult in need of protective services" or "adult" means a

 

vulnerable person 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) "Isolation" includes an act committed to prevent an adult

 

from having desired contact with family, friends, or other persons

 

of his or her choosing; an act committed to prevent an adult from

 

receiving his or her mail, telephone calls, or electronic messages;

 

an act of physical or chemical restraint of an adult committed to

 

prevent contact with visitors, family, friends, or other persons of

 

his or her choosing; and an act that restricts, places, or confines

 

an adult in a restricted area for the purpose of social deprivation

 

or preventing desired contact with family, friends, or persons of

 

his or her choosing. Isolation does not include an act carried out

 

according to a valid personal protection order, medical isolation

 

prescribed by a licensed physician caring for the adult, or an

 

action taken according to a valid legal order or according to an

 

order prescribed by licensed medical personnel authorized by a

 

federal or state statute, regulation, guideline, or administrative

 

policy.

 

     (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 shall is not be considered to be abused,

 

neglected, or in need of emergency or protective services for the

 

sole reason that the person 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 does not require any medical care

or treatment in contravention of the stated or implied objection of

 

that person.

 

     (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.