Children: child abuse or child neglect; child abuse and neglect prevention act; modify, the official text

Act No. 60

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 23, 2026

EFFECTIVE
DATE: July 23, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Senator Hertel

ENROLLED SENATE BILL No. 418

AN ACT to amend 1982 PA 250,
entitled “An act to establish the state child abuse and neglect prevention
board; to provide the powers and duties of the state child abuse and neglect
prevention board; and to prescribe the powers and duties of certain state
departments,” by amending the title and sections 2, 3, 4, 9, 10, and 12 (MCL 722.602,
722.603, 722.604, 722.609, 722.610, and 722.612), section 2 as amended by 2018
PA 60 and section 4 as amended by 2005 PA 82.

The People of the State of
Michigan enact:

TITLE

An act to establish the children trust Michigan board; to provide the powers
and duties of the children trust Michigan board; and
to prescribe the powers and duties of certain state and
local governmental officers and entities.

Sec.
2. (1) As used in this act:

(a) “Child” means an individual under 18 years of age.

(b) “Child abuse” means harm or threatened harm to a child’s
health or welfare by a person responsible for the child’s health or welfare,
which harm occurs or is threatened through nonaccidental physical or mental
injury; or sexual abuse, which includes a violation of section 145c of the
Michigan penal code, 1931 PA 328, MCL 750.145c.

(c) “Neglect” means harm to a child’s health or welfare by a
person responsible for the child’s health or welfare that occurs through
negligent treatment, including the failure to provide adequate food, clothing,
shelter, or medical care, though financially able to do so, or the failure to
seek financial or other reasonable means to provide adequate food, clothing,
shelter, or medical care.

(d) “Prevention partner” means an organization that meets the
criteria described in section 10(a).

(e) “Prevention program” means a system of direct provision
of child abuse and neglect prevention services to a child, parent, or guardian,
and may include research programs related to prevention of child abuse and
neglect.

(f) “State board” means the children trust Michigan board
created in section 3.

(g) “Trust fund” means the children’s trust fund established
in the department of treasury.

Sec.
3. (1) The children trust Michigan board is created as an autonomous agency within the
department of health and human services. The state board shall exercise its
powers and duties independently of the director of the department of health and
human services except that budget, procurement, and related management
functions must be performed by the director of the department of health and
human services.

(2) The state board shall appoint the executive director of
the state board. The executive director shall be a member of the state
classified civil service.

(3) The state board may partner with a fundraising entity,
including, but not limited to, a nonprofit organization that is tax-exempt
under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, in
accordance with state and federal requirements to ensure that the board deliver
on its mission to fundraise and maximize the prevention of child abuse and
neglect.

(4) The executive director shall hire all staff required to
exercise the powers and carry out the duties of the state board. The state
board shall approve the number of staff members hired and their job
descriptions.

Sec.
4. (1) The state board shall be composed of the following members:

(a) The director of the department of health and human
services, the director of the children’s services administration, the
superintendent of public instruction, and the director of the department of
state police, or designees authorized to speak on their behalf.

(b) Eleven public members appointed by the governor with the
advice and consent of the senate. As a group, the public members shall do all
of the following:

(i) Demonstrate knowledge in the area of
child abuse and neglect prevention.

(ii) Be representative of the demographic
composition of this state.

(iii) To the extent practicable, be
representative of all of the following categories:

(A) Parents.

(B) Organized labor.

(C) The business community.

(D) The religious community.

(E) The legal community.

(F) Professional providers of child abuse and neglect
prevention services.

(G) Volunteers in child abuse and neglect prevention
services.

(2) The term of each public member is 3 years, except that of
the public members first appointed, 3 shall serve for 3 years, 3 for 2 years,
and 4 for 1 year. A public member shall not serve more than 2 consecutive terms
whether partial or full. A vacancy must be filled for the balance of the
unexpired term in the same manner as the original appointment.

(3) The governor shall designate a chairperson of the state
board from among the public members. The chairperson shall serve in that
position at the pleasure of the governor. The state board may elect other
officers and committees as it considers appropriate.

(4) The actual and necessary per diem compensation and the
schedule for reimbursement of expenses for the public members of the state
board is the same as is established annually by the legislature for similar
boards that are reimbursed from the general fund. The compensation and
reimbursement, executive director and staff salaries, and all actual and
necessary operating expenses of the state board must be paid from the trust
fund, according to an authorization as provided in section 9.

Sec.
9. (1) The state board may authorize the disbursement of available money from
the trust fund, upon legislative appropriations, for exclusively the following
purposes that are listed in the order of preference for expenditure:

(a) To fund a private nonprofit or public organization in the
development or operation of a prevention program if at least all of the
following conditions are met:

(i) The organization demonstrates an ability
to match, through money or in-kind services, 50% of the amount of any trust
fund money received. The amount and types of in-kind services are subject to
the approval of the state board.

(ii) The organization demonstrates a
willingness and ability to provide program models and consultation to
organizations and communities regarding program development and maintenance.

(iii) Other conditions that the state board
may consider appropriate.

(b) To fund prevention partners.

(c) To fund the state board for the actual and necessary
operating expenses that the state board incurs in performing its duties.

(2) Authorizations for disbursement of trust fund money under
subsection (1)(c) must be kept at a minimum in furtherance of the primary
purpose of the trust fund which is to disburse money under subsection (1)(a)
and (b) to encourage the direct provision of services to prevent child abuse
and neglect.

Sec.
10. (1) In making grants to a prevention partner, the state board shall
consider the degree to which the prevention partner meets the following
criteria:

(a) Has as its primary purpose the development and
facilitation of a collaborative community prevention program in a specific
geographical area. The prevention program must utilize trained volunteers and
existing community resources wherever practicable.

(b) Is administered by a board of directors composed of an
equal number of members from the following 2 groups:

(i) A representative from each of the
following local agencies, as far as practicable:

(A) The county department of social services, the department
of health and human services.

(B) The probate court.

(C) The office of the prosecuting attorney.

(D) A local law enforcement agency.

(E) A school district.

(F) A number of private, local agencies that provide
treatment or prevention services for abused and neglected children and their
parents or guardians.

(ii) Members of the prevention partner
elected by the membership. The elected members shall represent the demographic
composition of the community served and parent representation, as far as
practicable.

(c) Does not provide direct services except on a
demonstration project basis, or as a facilitator of interagency projects.

(d) Demonstrates a willingness and ability to provide
prevention program models and consultation to organizations and communities
regarding prevention program development and maintenance.

(e) Demonstrates an ability to match 50% of the amount of any
trust fund money received. The amount and types of in-kind services are subject
to the approval of the state board.

(f) Other criteria that the state board considers
appropriate.

(2)
The number of private agencies to be represented on the prevention partner must
be designated in the bylaws of the prevention partner by the remaining members.

Sec.
12. A thorough, written review of the functions, responsibilities, and
performance of the state board must be completed by the auditor general each 3
years after September 29, 1982. The written review prepared under this section
must be transmitted and notice given in the same manner as provided in section
6(1)(b).

Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 103rd Legislature are
enacted into law:

(a) Senate Bill
No. 421.

(b) House Bill
No. 4805.

(c) House Bill No.
4808.

This act is ordered to take
immediate effect.

Secretary of the Senate

Clerk of the House of
Representatives

Approved___________________________________________

____________________________________________________

Governor