Sec. 17.
(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:
(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.
History: Add. 1997, Act 168, Eff. Mar. 31, 1998 ;-- Am. 2006, Act 256, Imd. Eff. July 6, 2006 ;-- Am. 2006, Act 630, Imd. Eff. Jan. 3, 2007
Structure Michigan Compiled Laws
Act 238 of 1975 - Child Protection Law (722.621 - 722.638)
Section 722.621 - Short Title.
Section 722.622 - Definitions.
Section 722.624 - Persons Permitted to Report Child Abuse or Neglect.
Section 722.627e - Release of Information by Director; Prohibitions.
Section 722.627g - Release of Information by Director; Individuals to Be Notified; Wyatt's Law.
Section 722.627h - Appeal of Director's Decision.
Section 722.627i - Fee; Federal Assurances and Waivers.
Section 722.628b - Referral of Case to Prosecuting Attorney; Review.
Section 722.628c - Interview With Child.
Section 722.628d - Categories and Departmental Response.
Section 722.628e - Investigation Checklist.
Section 722.629a - Annual Report.
Section 722.630 - Lawyer-Guardian Ad Litem.
Section 722.631 - Privileged Communications.
Section 722.632 - Report to Law Enforcement Officials or Probate Court.
Section 722.632a - Investigations by Hospital, School, or Other Agency.
Section 722.634 - Religious Beliefs.
Section 722.635 - Repeal of MCL 722.571 to 722.575.
Section 722.636 - Effective Date.
Section 722.637 - Submission of Petition for Authorization Under MCL 712a.2; Exception.