Michigan Votes Forum

Introduced in the Senate on June 26, 2008, to require the children's protective services bureau of the Department of Human Services to develop and use a child protection investigation checklist to determine whether the procedures followed in cases of suspected child abuse or neglect comply with state law

The vote was 38 in favor, 0 opposed and 0 not voting

(Senate Roll Call 543 at Senate Journal 75)

Click here to view bill details.

The components of "human enforcement" need to be transferred to law enforcement. With what authority and background do these Supervisors and Local Office Directors have to make determinations and give explanations as to why the investigation was not in compliance with law and policy when over 90% of these individuals do not even possess the proper credentials to hold these positions. A prime example of non-compliance to state law and policy with child abuse and neglect investigations in DHS would be Bill Johnson, Superintendent for the Michigan Children's Institute. While dealing with Children and Family Services, he does not possess the appropriate licensing, as outlined in General Rules of Social Work for the State of Michigan, R 338.2907 -2909 et seq. of June 24, 2005. Public Act 61 of 2004, effective July 1, 2005, which changed the regulation of the social work profession under the authority of the Department of Community Health. This legislation does nothing but codify the "arbitrary and capricious" decisions of unlicensed, untrained DHS individuals who will have no oversight to challenge the validity of explanation for the abuse and neglect investigation to have not complied with state law and policy. This legislation falsely empowers DHS, agents of the executive branch, with judicial decision making powers. National discussions have been held over and over again to recommend the transfer of the Child Protective Service investigative process to law enforcement. Forensic investigations and the charges of violating law and policy are matters for professional law enforcement officials. Bill Johnson, Superintendent of Michigan Children's Institute is non-compliant and violates multiple state (and federal) law and policy. This legislation is unconstitutional. Somebody call the police! Beverly Tran

They are as useless as the DHS workers. We went as high as the State Police. None of them could care less.

Senate Substitute S-2 as soon to be rejected by the Committee of the Whole IF THE SUPERVISOR DETERMINES THAT THE INVESTIGATION DOES NOT COMPLY WITH EITHER STATE LAW OR DEPARTMENT POLICY, THE SUPERVISOR SHALL DETERMINE THE REASON STATE LAW OR DEPARTMENT POLICY WAS NOT FOLLOWED (and report the violation(s) to the Department Director.) AN INVESTIGATION THAT FALLS UNDER THIS SUBSECTION SHALL NOT BE CLOSED UNTIL AFTER THE LOCAL OFFICE DIRECTOR HAS REVIEWED THE INVESTIGATION. See how it flows... MCL 400.115a(3) Beverly Tran

Senator Kahn’s statement is as follows: I rise today to speak to the package of bills that we passed today—the DHS package—and, in particular, to Senate Bill No. 1421 which I had the honor to author. These bills are part of a package of legislation dealing with protecting little ones, like these children who were just introduced, like the children we have in our homes, and the grandchildren whom we love. My particular direct connection, the particular event that pulls at my heart, is the mother of Nicholas Braman, Becky Jasinski, a hardworking accountant, who lives in my district. I had an afternoon in which I shared tears with her and learned that her son Nicholas was induced to commit suicide; part of a murder-suicide pact that her father, who had been convicted of cattle-prodding two of his other children and awaiting sentencing, killed himself, his second wife, and his son. The department understood that there were things that could have been done better, and they deserve great credit for rising to the occasion to admit that there were, in fact, things that could have been done better. They also deserve credit for working to find ways to improve the performance of DHS and protecting children. They worked with the chair of the committee, Senator Jansen, in producing these bills. The bill in question deals with the mechanics of how we go about protecting vulnerable children. It requires that the department work through a checklist of requirements to see that the foster home is safe, the child is safe; and prior to a placement being made or allowed or continued, that, in fact, the primary interest, the child’s interest is well served. This bill, now having passed unanimously, I will give a call to Becky Jasinksi to let her know that the bill now moves over to the House, where I hope our legislative brethren will quickly take it up; that it can quickly reach the Governor’s desk, and we can quickly extend the protection we hope to give to children.

As a result of DHS "not rising to the occasion", far too many tears have been shed by children and families. The mechanical error that I have identified is the systemic deficiency of balances, which is embedded deep within the ethos of DHS. Balances might be more readily recognized as accountability. The checks are now to be implemented as this legislation reflects the diligent and dedicated endeavors of brave spirits and bold minds to protect vulnerable children and, unfortunately, strengthens the impenetrable armor of immunity for those who "understood things could have been done better." Now, with that said, where are the balances? When will the Office of Attorney General hold someone accountable for "not rising to the occasion." If it has been determined that law and policy has been violated within the mechanical procedures of DHS, report it for the purposes of ameliorating future material and provisional violations of law and policy, particularly those committed under the color of law. In order to protect the innocents, the errant knight, named Attorney General, must be armed with the weapons of accountability through the enforcement of fees, fines, sanctions, employment dismissal, license revocation, contractual debarment, and criminal prosecution. I pray to the Honorable Members of the Senate and the House to allow the scales of justice to balance with accountability so that no more tears are shed. Beverly Tran

 What DHS needs is qualified individuals to make any CPS investigation. The credentials of DHS caseworkers, CPS workers and there professionalism is not of any type of quality. They make judgement calls based on there own disrection and not in the best interest of the individuals involved. The entire CPS, DHS caseworkers needs to be restructured and every case looked back over because what they do and the decisions they make effect families, children and these people do not care about the children or the families.

 there are those who would believe that children being raised in a government apartment, living on government payments, and going to a government school is tantamount to abuse.

if all taxation would be to stop immediately for all domestic federally funded programs, and those programs ceased to exist, i wonder how many people would be 'up in arms' about it? oh, certainly those ON those programs would, but i wonder how many OTHERS?

child abuse is a great buzzword for allowing government to snoop into your home.

if you spank your child in this state, it's abuse.

if you keep your child in "timeout" too long, or "ground" him from something he enjoys, it's abuse.

there are so many things considered abuse, that children have no hope of ever becoming disciplined. parent's hands are tied by people who SAY they are acting for THE GOOD OF THE CHILDREN, but are really just snooping into other people's lives and causing mischief.

now, REALLY abused children have noplace to go except the government, as churches are afraid to get involved, and neighbors are just as terrified. so in effect, this heightened sensitivity to anything even remotely 'smacking' of abuse has made it just that much harder for REALLY ABUSED KIDS to get a fair shake in this system.