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Michigan Representative Ben Frederick (R-Owosso) has
introduced Michigan House Bill 4137 to make it easier to find
and identify children with special health care needs who become
missing.
House Bill 4137 expands the current Child Identification and
Protection Act (CIPA) to allow a parent or guardian of a child
or youth with special health care needs to volunteer the child's
or youth's fingerprints and photograph to the Department of
State Police, or an MSP-approved entity, for the purpose of
distribution if that child or youth becomes missing or a
runaway. House Bill 4137 is identical to Senate Bill 36, which
has been passed by the Senate.
Senate Bill 38 expands Public Act 120 of 1935 and includes
provisions identical to those found in House Bill 4127 to apply
to an individual with special health care needs. This bill was
passed by the Senate on February 9, 2017.
"Child or youth with special health care needs" (in HB 4147)
means a single or married individual under 21 years of age whose
activity is or may become so restricted by disease or specified
medical condition as to reduce the individual's normal capacity
for education and self-support. "Individual with special health
care needs" (in SB 38) means a single or married individual
whose activity is or may become so restricted by disease or
specified medical condition as to reduce the individual's normal
capacity for education and self-support.
Fingerprinting and Photo Identification Process
The bills would require the creation of an online written
request form on the Department of State Police website that a
parent or guardian of a child or youth with special health care
needs (HB 4137), or a parent or guardian of an individual with
special health care needs (SB 38) could use to request a MSP-approved
entity to fingerprint and digitally photography the child or
youth, or individual. The fingerprints and photo would then be
added to the Automated Fingerprint Identification System (AFIS)
and the statewide network of agency photos maintained by the
department.
Along with the posted form on the department's website, a list
of department-approved entities must also be available. The
department may charge a fee to cover the costs associated with
processing the request, but the bill does not provide an amount
that can be charged. The session would take place at the
department, or an entity approved by the department, and the
processing fee and a signed waiver are due at this session.
After Fingerprinting and Photo Identification
Once the fingerprints and digital photo are collected, the
department must forward them to the Director of the Federal
Bureau of Investigation (FBI) for registration, storage, and use
for identification purposes by the FBI.
A parent or guardian may make a written request to the state
police to have the fingerprints and photo removed from the AFIS
database and the statewide network of agency photos. Upon
receipt of this request, the MSP must remove the fingerprints
and photo from the AFIS database and the statewide network of
agency photos.
Background and Definitions
In addition to those already cited, the bills would add the
following new definitions to be used in their new sections.
"Department-approved entity" means an entity, including a local
law enforcement agency or a private company, approved by the
Department of State Police to take the fingerprints and
photograph of a child or youth with special health care needs
under section 4.
"Guardian" means a person who has qualified as a guardian [. .
.] under a parental or spousal nomination or a court order
issued under the Probate Code, or the Estates and Protected
Individuals Code, or the Mental Health Code. Guardian may also
include a person appointed by a Tribal Court under tribal code
or custom. Guardian does not include a guardian ad litem.
"Parent" means the natural or adoptive parent [. . .] who has
either or both sole or joint legal or physical custody of the
child if a court order dictating custody is in place, or the
natural or adoptive parent of an individual with special health
care needs if there is no court order dictating custody in
place.
These amendments will take effect 90 days after the date they
are enacted into law. | 