722.628d Categories and departmental response.

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Sec. 8d.

(1)For the department's determination required by section 8, the categories, and the departmental response required for each category, are the following:

(a)Category V - services not needed. Following a field investigation, the department determines that there is no evidence of child abuse or child neglect.

(b)Category IV - community services recommended. Following a field investigation, the department determines that there is not a preponderance of evidence of child abuse or child neglect, but the structured decision-making tool indicates that there is future risk of harm to the child. The department must assist the child's family in voluntarily participating in community-based services commensurate with the risk to the child.

(c)Category III - community services needed. The department determines that there is a preponderance of evidence of child abuse or child neglect, and the structured decision-making tool indicates a low or moderate risk of future harm to the child. The department must assist the child's family in receiving community-based services commensurate with the risk to the child. If the family does not voluntarily participate in services, or the family voluntarily participates in services, but does not progress toward alleviating the child's risk level, the department must consider reclassifying the case as category II.

(d)Category II - child protective services required. The department determines that there is evidence of child abuse or child neglect, and the structured decision-making tool indicates a high or intensive risk of future harm to the child. The department must open a protective services case and provide the services necessary under this act.

(e)Category I - court petition required. The department determines that there is evidence of child abuse or child neglect and 1 or more of the following are true:

(i)A court petition is required under another provision of this act.

(ii)The child is not safe and a petition for removal is needed.

(iii)The department previously classified the case as category II and the child's family does not voluntarily participate in services.

(iv)There is a violation, involving the child, of a crime listed or described in section 8a(1)(b), (c), (d), or

(f)or of child abuse in the first or second degree as prescribed by section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.

(2)In response to a category I classification, the department must do both of the following:

(a)If a court petition is not required under another provision of this act, submit a petition for authorization by the court under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.

(b)Open a protective services case and provide the services necessary under this act.

History: Add. 1998, Act 484 , Eff. July 1, 1999 ;-- Am. 2000, Act 45 , Imd. Eff. Mar. 27, 2000 ;-- Am. 2002, Act 661 , Imd. Eff. Dec. 23, 2002 ;-- Am. 2006, Act 618 , Imd. Eff. Jan. 3, 2007 ;-- Am. 2014, Act 30 , Eff. Mar. 31, 2015 ;-- Am. 2022, Act 66 , Eff. Nov. 1, 2022