The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5443 February 20, 1979 DEPARTMENT OF SOCIAL SERVICES: Delegation of authority to investigate abuse and neglect CHILD PROTECTION LAW: Delegation by the Department of Social Services of investigation of abuse and neglect ADMINISTRATIVE LAW AND PROCEDURE: Delegation of authority to investigate Inasmuch as the Child Protection Law specifies that the Department of Social Services may obtain the assistance of law enforcement officials and the Probate Court in conducting its investigation of abuse and neglect, the Department may not delegate the responsibility of conducting the investigation but may seek the assistance of other agencies in the conduct of its investigation. Where the Legislature has authorized the Department of Social Services to study and act upon request for services as to reports received of neglect and abuse of adults, the Department may delegate to another agency only those aspects of its study which assist it in carrying out its responsibilities. John T. Dempsey Director Michigan Department of Social Services 300 S. Capitol Avenue Lansing, Michigan 48933 You have requested my opinion regarding the following questions: 1. May the Department of Social Services, pursuant to the Child Protection Law, delegate to any other agency, by purchase agreement or otherwise, the investigation of abuse and neglect referrals pertaining to mental health institutions? 2. May the Department of Social Services, pursuant to 1976 PA 136, delegate the responsibility for the investigation of abuse and neglect referrals pertaining to adults in mental health institutions? As regards your first question, section 8 of the Child Protection Law, 1975 PA 238; MCLA 722.628; MSA 24.248(8) places upon the Department of Social Services the duty to investigate reports of suspected child abuse or neglect: '(1) Within 24 hours after receiving a report made pursuant to this act, the department shall commence an investigation of the child suspected of being abused or neglected. (2) In the course of its investigation, the department shall determine if the child is abused or neglected. The department shall cooperate with law enforcement officials, courts of competent jurisdiction, and appropriate state agencies providing human services in relation to preventing, identifying, and treating child abuse and neglect; shall provide, enlist, and coordinate the necessary services, directly or through the purchase of services from other agencies and professions; and shall take necessary action to prevent further abuses, to safeguard and enhance the welfare of the child, and to preserve family life where possible. (3) In conducting its investigation, the department may seek the assistance of law enforcement officials and the probate court. (4) If there is reasonable cause to suspect that a child in the care of or under the control of a public or private agency, institution, or facility is an abused or neglected child, the agency, institution, or facility, shall be investigated by an agency administratively independent of the agency, institution, or facility being investigated.' (Emphasis supplied) Thus Sec. 8(3) of the Child Protection Law, supra, specifies that the Department of Social Services may obtain the assistance of law enforcement officials and the probate court in conducting its investigation and may, in conducting its investigation, cooperate with appropriate officials and 'coordinate the necessary services, directly or indirectly, through the purchase of services from other agencies and professions.' This statutory language, it will be noted, does not authorize the delegation of the investigation itself but instead contemplates that other agencies may perform the function of assisting the department in the department's investigation. Such statute, under the doctrine of expressio unius est exclusio alterius (the express mention of one thing implies the exclusion of other similar things) (1) must be viewed as a limitation on the agencies which may be so employed by the Department of Social Services. It is my opinion, therefore that, while the Department of Social Services may delegate to law enforcement officials or the probate court (2) those aspects of the investigation which will assist it in carrying out its duties such delegation cannot serve to divest the Department of its responsibilities under the act; those responsibilities may not be delegated. Responding to your second question, 1939 PA 280, Sec. 14(1), as amended by 1976 PA 136; MCLA 400.14(1)(o); MSA 16.414(1)(o) provides, in pertinent part, as follows: 'The state department [of social services] shall have and be vested with the following additional powers and duties: (o) To study and act upon request for service as to, or reports received of, neglect, exploitation, abuse, cruelty, or abandonment of adults by children, guardians, custodians, or other persons, or reports concerning adults in need of protection; and on the basis of the findings of the study, assure, where necessary, the provision of appropriate social services to those adults so that the behavior or situation causing the problem is corrected or the adult otherwise protected. The department in assuring the provision of these services, and in providing these services, shall encourage participation by other existing governmental units or licensed agencies and may contract with those agencies for the purchase of any service within the scope of this subdivision.' (Emphasis added) The foregoing statute places a duty on the Department of Social Services to 'study and act' upon reports received of neglect or abuse of adults. Although the legislature has authorized the purchase of services to adults through agreements with other agencies, it has not authorized the delegation of the 'study'. It is my opinion, therefore, that the Department of Social Services may delegate to another agency only those aspects of its study which assist it in carrying out its responsibilities. I would note, however, that the legislature has not limited the agencies which the department is otherwise authorized to employ (3) in this regard. Frank J. Kelley Attorney General (1)
(2)
I would note that section 8(4) of the Child Protection Law, supra, provides: 'If there is reasonable cause to suspect that a child in the care of or under the control of a public or private agency, institution, or facility is an abused or neglected child, the agency, institution, or facility, shall be investigated by an agency administratively independent of the agency, institution, or facility being investigated.'(3)
See, MCLA 400.10; MSA 16.410.