Michigan Compiled Laws — CHILD PROTECTION LAW (Act 238 of 1975)

Short title.

This act shall be known and may be cited as the "child protection law".

Definitions.

As used in this act: (a) "Adult foster care location authorized to care for a child" means an adult foster care family home or adult foster care small group home as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703, in which a child is placed in accordance with section 5 of…

(1) An individual is required to report under this act as follows: (a) A physician, dentist, physician's assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, physical therapist, physical therapist assistant, occupational therapist…

Knowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.

In addition to the reporting requirement in section 3, a person who is required to report suspected child abuse or neglect under section 3(1) and who knows, or from the child's symptoms has reasonable cause to suspect, that a newborn infant has any amount of alcohol, a controlled substance, or a metabolite of a control…

Comprehensive training materials; availability.

(1) The department shall, in consultation with the Michigan domestic and sexual violence prevention and treatment board and the Michigan Coalition to End Domestic and Sexual Violence, create comprehensive training materials for individuals who are required to report suspected child abuse or child neglect under section…

Persons permitted to report child abuse or neglect.

In addition to those persons required to report child abuse or neglect under section 3, any person, including a child, who has reasonable cause to suspect child abuse or neglect may report the matter to the department or a law enforcement agency.

Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.

Except for records available under section 7(1)(a), (b), and (n), the identity of a reporting person is confidential subject to disclosure only with the consent of that person or by judicial process. A person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement of…

Detention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.

(1) If a child suspected of being abused or neglected is admitted to a hospital or brought to a hospital for outpatient services and the attending physician determines that the release of the child would endanger the child's health or welfare, the attending physician shall notify the person in charge and the department…

Availability of confidential record; closed court proceeding not required; release of reports compiled by law enforcement agency; information obtained by citizen review panel; release or inspection of documents from another agency or organization; sharing of information or records.

(1) Unless made public as specified information released under section 7d, a written report, document, or photograph filed with the department as provided in this act is a confidential record available only to 1 or more of the following: (a) A legally mandated public or private child protective agency investigating a r…

Availability of information, reports, and records to legislature; disclosure of or keeping confidential information as misdemeanor.

(1) The department shall make information contained in the central registry and reports and records made pursuant to this act available to a standing or select committee or appropriations subcommittee of either house of the legislature having jurisdiction over protective services matters for children subject to all of…

(1) Each county may have in place a standing child fatality review team. Two or more counties may appoint a single child fatality review team for those counties. The membership of a child fatality review team shall consist of at least all of the following: (a) A county medical examiner or deputy county medical examiner…

Release of information from child protective services records or case in which child has died; decision by director; determination.

(1) Sections 7d to 7i govern the director's decisions to release specified information from child protective services records. (2) The director shall release specified information in a child abuse or neglect case in which a child who was a part of the case has died. (3) The director may designate another individual to…

Release of information by director; preliminary decision to release or deny information; extension of time period; evidence.

(1) Subject to sections 7c to 7i, at the director's initiative or upon written request, the director may release specified information. If a written request for specified information is submitted to the department, the director must make a preliminary decision to release or to deny release of the specified information…

Release of information by director; prohibitions.

(1) The director shall not deny a request for specified information under section 7d based upon a desire to shield a lack of or an inappropriate performance by the department. (2) Regardless of the director's determination that specified information may be released under section 7d, the director shall not release the s…

Release of information by director; preliminary decision to release or deny request; notice; final decision; writing; right to appeal.

(1) Not less than 14 days before specified information is released or within 14 days after making a decision to deny a request for release of specified information under section 7d, the director shall give notice as provided in this subsection and section 7g of a preliminary decision to release or to deny a request to…

Release of information by director; individuals to be notified; Wyatt's law.

(1) If the director decides to release specified information under section 7d, the department must give each notice required under section 7f to each of the following: (a) Each person named in the report as a perpetrator or an alleged perpetrator of the child abuse or child neglect, unless the person named in the repor…

Appeal of director's decision.

(1) Before the release of specified information under section 7d and except as provided in section 7g, an individual required to be notified under section 7g may appeal the director's decision to the circuit court. If an appeal is filed and the department notified before the release, the specified information shall not…

Fee; federal assurances and waivers.

(1) The department may charge a fee for a copy of specified information released under section 7d in the same manner that a public body is authorized to charge a fee under section 4 of the freedom of information act, 1976 PA 442, MCL 15.234. (2) Sections 7c to 7i shall not be enforced and the family independence agency…

(1) The department must maintain a statewide, electronic case management system to carry out the intent of this act. The department may enter into vendor contracts that it considers necessary and proper for implementation, review, and update of the electronic case management system. The department must solicit proposal…

Death of child under court jurisdiction; notification to legislator and child advocate.

(1) If a child dies who is under the court's jurisdiction under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, the department shall provide notification in writing or electronically not later than 1 business day to the court that had jurisdiction over the child under section 2(b) of…

Statewide electronic case management system; administrative review for expungement.

(1) An individual who is listed on the central registry before the effective date of the amendatory act that added this section may submit a request to the department for an administrative review for the expungement of the individual's name from the statewide electronic case management system created under section 7j.…

(1) Within 24 hours after receiving a report made under this act, the department must refer the report to the prosecuting attorney and the local law enforcement agency if the report meets the requirements of subsection (3)(a), (b), or (c) or section 3(6) or (9) or must commence an investigation of the child suspected o…

Execution of notices by prosecuting attorney of individuals bound over to circuit court for certain crimes; notification upon final disposition; confidentiality.

(1) If an individual is bound over to circuit court for any of the following crimes, the prosecuting attorney shall execute the notices as prescribed by subsections (2) to (5): (a) Criminal sexual conduct in the first, second, or third degree in violation of section 520b, 520c, or 520d of the Michigan penal code, 1931…

Referral of case to prosecuting attorney; review.

(1) If a case involves a child's death, serious physical harm of a child, or sexual abuse or sexual exploitation of a child, the department must refer the case to the prosecuting attorney for the county in which the child is located. The prosecuting attorney must review the investigation of the case to determine if the…

Interview with child.

During an investigation of suspected child abuse or neglect, the child reported to have been abused or neglected shall not be interviewed in the presence of an individual suspected to have perpetrated the abuse.