Saturday, February 2, 2013

CHILD PROTECTION LAW Act 238 of 1975


AN ACT to require the reporting of child abuse and neglect by certain persons; to permit the reporting of
child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected;
to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the
powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe
certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children
and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of
privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of
evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain
records; to prescribe penalties; and to repeal certain acts and parts of acts.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1988, Act 372, Eff. Mar. 30, 1989.
The People of the State of Michigan enact:
722.621Short title.
Sec. 1.This act shall be known and may be cited as the “child protection law”.
History: 1975, Act 238, Eff. Oct. 1, 1975.
722.622Definitions.
Sec. 2.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 1973 PA 116, MCL
722.115.
(b) "Attorney" means, if appointed to represent a child under the provisions referenced in section 10, an
attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.
(c) "Central registry" means the system maintained at the department that is used to keep a record of all
reports filed with the department under this act in which relevant and accurate evidence of child abuse or
neglect is found to exist.
(d) "Central registry case" means a child protective services case that the department classifies under
sections 8 and 8d as category I or category II. For a child protective services case that was investigated before
July 1, 1999, central registry case means an allegation of child abuse or neglect that the department
substantiated.
(e) "Child" means a person under 18 years of age.
(f) "Child abuse" means harm or threatened harm to a child's health or welfare that occurs through
nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a
legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's
aide, or a member of the clergy.
(g) "Child care organization" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(h) "Child care provider" means an owner, operator, employee, or volunteer of a child care organization or
of an adult foster care location authorized to care for a child.
(i) "Child care regulatory agency" means the department of consumer and industry services or a successor
state department that is responsible for the licensing or registration of child care organizations or the licensing
of adult foster care locations authorized to care for a child.
(j) "Child neglect" means harm or threatened harm to a child's health or welfare by a parent, legal guardian,
or any other person responsible for the child's health or welfare that occurs through either of the following:
(i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(ii) Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal
guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when
that person is able to do so and has, or should have, knowledge of the risk.
(k) "Citizen review panel" means a panel established as required by section 106 of title I of the child abuse
prevention and treatment act, Public Law 93-247, 42 U.S.C. 5106a.
(l) "Member of the clergy" means a priest, minister, rabbi, Christian science practitioner, or other religious
practitioner, or similar functionary of a church, temple, or recognized religious body, denomination, or
organization.
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523, 524, 542, 543, 546, 580, 581, 586, 597, 602, 605 & 608 of
2012
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(m) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA
368, MCL 333.7104.
(n) "CPSI system" means the child protective service information system, which is an internal data system
maintained within and by the department, and which is separate from the central registry and not subject to
section 7.
(o) "Department" means the family independence agency.
(p) "Director" means the director of the department.
(q) "Expunge" means to physically remove or eliminate and destroy a record or report.
(r) "Lawyer-guardian ad litem" means an attorney appointed under section 10 who has the powers and
duties referenced by section 10.
(s) "Local office file" means the system used to keep a record of a written report, document, or photograph
filed with and maintained by a county or a regionally based office of the department.
(t) "Nonparent adult" means a person who is 18 years of age or older and who, regardless of the person's
domicile, meets all of the following criteria in relation to a child:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent or with a person responsible for the child's
health or welfare.
(iii) Is not the child's parent or a person otherwise related to the child by blood or affinity to the third
degree.
(u) "Person responsible for the child's health or welfare" means a parent, legal guardian, person 18 years of
age or older who resides for any length of time in the same home in which the child resides, or, except when
used in section 7(2)(e) or 8(8), nonparent adult; or an owner, operator, volunteer, or employee of 1 or more of
the following:
(i) A licensed or registered child care organization.
(ii) A licensed or unlicensed 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.
(v) "Relevant evidence" means evidence having a tendency to make the existence of a fact that is at issue
more probable than it would be without the evidence.
(w) "Sexual abuse" means engaging in sexual contact or sexual penetration as those terms are defined in
section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a, with a child.
(x) "Sexual exploitation" includes allowing, permitting, or encouraging a child to engage in prostitution, or
allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged
in a listed sexual act as defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(y) "Specified information" means information in a children's protective services case record related
specifically to the department's actions in responding to a complaint of child abuse or neglect. Specified
information does not include any of the following:
(i) Except as provided in this subparagraph regarding a perpetrator of child abuse or neglect, personal
identification information for any individual identified in a child protective services record. The exclusion of
personal identification information as specified information prescribed by this subparagraph does not include
personal identification information identifying an individual alleged to have perpetrated child abuse or
neglect, which allegation has been classified as a central registry case.
(ii) Information in a law enforcement report as provided in section 7(8).
(iii) Any other information that is specifically designated as confidential under other law.
(iv) Any information not related to the department's actions in responding to a report of child abuse or
neglect.
(z) "Structured decision-making tool" means the department document labeled "DSS-4752 (P3) (3-95)" or
a revision of that document that better measures the risk of future harm to a child.
(aa) "Substantiated" means a child protective services case classified as a central registry case.
(bb) "Unsubstantiated" means a child protective services case the department classifies under sections 8
and 8d as category III, category IV, or category V.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1978, Act 252, Eff. Mar. 30, 1979;Am. 1980, Act 511, Imd. Eff. Jan. 26, 1981;
Am. 1984, Act 418, Eff. Mar. 29, 1985;Am. 1988, Act 372, Eff. Mar. 30, 1989;Am. 1990, Act 212, Imd. Eff. Sept. 27, 1990;Am.
1993, Act 251, Imd. Eff. Nov. 24, 1993;Am. 1996, Act 581, Eff. Mar. 31, 1997;Am. 1998, Act 428, Eff. Apr. 1, 1999;Am. 1998,
Act 483, Eff. Mar. 1, 1999;Am. 1998, Act 484, Eff. July 1, 1999;Am. 1998, Act 531, Eff. July 1, 1999;Am. 2000, Act 45, Imd.
Eff. Mar. 27, 2000;Am. 2002, Act 661, Imd. Eff. Dec. 23, 2002;Am. 2002, Act 693, Eff. Mar. 1, 2003;Am. 2004, Act 563, Imd.
Eff. Jan. 3, 2005.
722.623Individual required to report child abuse or neglect; written report; transmitting
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2012
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report to county department; copies to prosecuting attorney and probate court; conditions
requiring transmission of report to law enforcement agency; pregnancy of or venereal
disease in child less than 12 years of age; exposure to or contact with methamphetamine
production.
Sec. 3.(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, marriage and family therapist, licensed
professional counselor, social worker, licensed master's social worker, licensed bachelor's social worker,
registered social service technician, social service technician, a person employed in a professional capacity in
any office of the friend of the court, school administrator, school counselor or teacher, law enforcement
officer, member of the clergy, or regulated child care provider who has reasonable cause to suspect child
abuse or neglect shall make immediately, by telephone or otherwise, an oral report, or cause an oral report to
be made, of the suspected child abuse or neglect to the department. Within 72 hours after making the oral
report, the reporting person shall file a written report as required in this act. If the reporting person is a
member of the staff of a hospital, agency, or school, the reporting person shall notify the person in charge of
the hospital, agency, or school of his or her finding and that the report has been made, and shall make a copy
of the written report available to the person in charge. A notification to the person in charge of a hospital,
agency, or school does not relieve the member of the staff of the hospital, agency, or school of the obligation
of reporting to the department as required by this section. One report from a hospital, agency, or school is
adequate to meet the reporting requirement. A member of the staff of a hospital, agency, or school shall not be
dismissed or otherwise penalized for making a report required by this act or for cooperating in an
investigation.
(b) A department employee who is 1 of the following and has reasonable cause to suspect child abuse or
neglect shall make a report of suspected child abuse or neglect to the department in the same manner as
required under subdivision (a):
(i) Eligibility specialist.
(ii) Family independence manager.
(iii) Family independence specialist.
(iv) Social services specialist.
(v) Social work specialist.
(vi) Social work specialist manager.
(vii) Welfare services specialist.
(c) Any employee of an organization or entity that, as a result of federal funding statutes, regulations, or
contracts, would be prohibited from reporting in the absence of a state mandate or court order. A person
required to report under this subdivision shall report in the same manner as required under subdivision (a).
(2) The written report shall contain the name of the child and a description of the abuse or neglect. If
possible, the report shall contain the names and addresses of the child's parents, the child's guardian, the
persons with whom the child resides, and the child's age. The report shall contain other information available
to the reporting person that might establish the cause of the abuse or neglect, and the manner in which the
abuse or neglect occurred.
(3) The department shall inform the reporting person of the required contents of the written report at the
time the oral report is made by the reporting person.
(4) The written report required in this section shall be mailed or otherwise transmitted to the county
department of the county in which the child suspected of being abused or neglected is found.
(5) Upon receipt of a written report of suspected child abuse or neglect, the department may provide copies
to the prosecuting attorney and the probate court of the counties in which the child suspected of being abused
or neglected resides and is found.
(6) If an allegation, written report, or subsequent investigation of suspected child abuse or child neglect
indicates a violation of sections 136b and 145c, sections 520b to 520g of the Michigan penal code, 1931 PA
328, MCL 750.136b, 750.145c, and 750.520b to 750.520g, or section 7401c of the public health code, 1978
PA 368, MCL 333.7401c, involving methamphetamine has occurred, or if the allegation, written report, or
subsequent investigation indicates that the suspected child abuse or child neglect was committed by an
individual who is not a person responsible for the child's health or welfare, including, but not limited to, a
member of the clergy, a teacher, or a teacher's aide, the department shall transmit a copy of the allegation or
written report and the results of any investigation to a law enforcement agency in the county in which the
incident occurred. If an allegation, written report, or subsequent investigation indicates that the individual
who committed the suspected abuse or neglect is a child care provider and the department believes that the
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2012
Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
report has basis in fact, the department shall, within 24 hours of completion, transmit a copy of the written
report or the results of the investigation to the child care regulatory agency with authority over the child care
provider's child care organization or adult foster care location authorized to care for a child.
(7) If a local law enforcement agency receives an allegation or written report of suspected child abuse or
child neglect or discovers evidence of or receives a report of an individual allowing a child to be exposed to
or to have contact with methamphetamine production, and the allegation, written report, or subsequent
investigation indicates that the child abuse or child neglect or allowing a child to be exposed to or to have
contact with methamphetamine production, was committed by a person responsible for the child's health or
welfare, the local law enforcement agency shall refer the allegation or provide a copy of the written report and
the results of any investigation to the county department of the county in which the abused or neglected child
is found, as required by subsection (1)(a). If an allegation, written report, or subsequent investigation indicates
that the individual who committed the suspected abuse or neglect or allowed a child to be exposed to or to
have contact with methamphetamine production, is a child care provider and the local law enforcement
agency believes that the report has basis in fact, the local law enforcement agency shall transmit a copy of the
written report or the results of the investigation to the child care regulatory agency with authority over the
child care provider's child care organization or adult foster care location authorized to care for a child.
Nothing in this subsection or subsection (1) shall be construed to relieve the department of its responsibilities
to investigate reports of suspected child abuse or child neglect under this act.
(8) For purposes of this act, the pregnancy of a child less than 12 years of age or the presence of a venereal
disease in a child who is over 1 month of age but less than 12 years of age is reasonable cause to suspect child
abuse and neglect have occurred.
(9) In conducting an investigation of child abuse or child neglect, if the department suspects that a child
has been exposed to or has had contact with methamphetamine production, the department shall immediately
contact the law enforcement agency in the county in which the incident occurred.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1978, Act 252, Eff. Mar. 30, 1979;Am. 1978, Act 573, Eff. Mar. 30, 1979;Am.
1980, Act 511, Imd. Eff. Jan. 26, 1981;Am. 1984, Act 418, Eff. Mar. 29, 1985;Am. 1988, Act 372, Eff. Mar. 30, 1989;Am. 1994,
Act 177, Imd. Eff. June 20, 1994;Am. 2002, Act 10, Imd. Eff. Feb. 14, 2002;Am. 2002, Act 661, Imd. Eff. Dec. 23, 2002;Am.
2002, Act 693, Eff. Mar. 1, 2003;Am. 2006, Act 264, Imd. Eff. July 6, 2006;Am. 2006, Act 583, Imd. Eff. Jan. 3, 2007;Am. 2008,
Act 300, Imd. Eff. Oct. 8, 2008;Am. 2008, Act 510, Imd. Eff. Jan. 13, 2009.
722.623aKnowledge or suspicion of alcohol, controlled substance, or metabolite of
controlled substance in body of newborn infant; report required; exception.
Sec. 3a.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
controlled substance in his or her body shall report to the department in the same manner as required under
section 3. A report is not required under this section if the person knows that the alcohol, controlled
substance, or metabolite, or the child's symptoms, are the result of medical treatment administered to the
newborn infant or his or her mother.
History: Add. 1996, Act 581, Eff. Mar. 31, 1997.
722.624Persons permitted to report child abuse or neglect.
Sec. 4.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.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1984, Act 418, Eff. Mar. 29, 1985.
722.625Identity of reporting person; confidentiality; disclosure; immunity; good faith
presumed.
Sec. 5.Except for records available under section 7(2)(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 this act
is immune from civil or criminal liability that might otherwise be incurred by that action. A person making a
report or assisting in any other requirement of this act is presumed to have acted in good faith. This immunity
from civil or criminal liability extends only to acts done according to this act and does not extend to a
negligent act that causes personal injury or death or to the malpractice of a physician that results in personal
injury or death.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1988, Act 372, Eff. Mar. 30, 1989;Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994;
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437-446, 448-458, 460, 465, 491, 498-501, 509, 516, 520, 521,
523, 524, 542, 543, 546, 580, 581, 586, 597, 602, 605 & 608 of
2012
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Am. 1998, Act 428, Eff. Apr. 1, 1999;Am. 2004, Act 563, Imd. Eff. Jan. 3, 2005.
722.626Detention of child in temporary protective custody; preliminary hearing;
examinations; report; medical evaluation.
Sec. 6.(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. The person in charge may detain the child in temporary protective custody until the next regular
business day of the probate court, at which time the probate court shall order the child detained in the hospital
or in some other suitable place pending a preliminary hearing as required by section 14 of chapter 12A of the
probate code of 1939, 1939 PA 288, MCL 712A.14, or order the child released to the child's parent, guardian,
or custodian.
(2) When a child suspected of being an abused or neglected child is seen by a physician, the physician shall
make the necessary examinations, which may include physical examinations, x-rays, photographs, laboratory
studies, and other pertinent studies. The physician's written report to the department shall contain summaries
of the evaluation, including medical test results.
(3) If a report is made by a person other than a physician, or if the physician's report is not complete, the
department may request a court order for a medical evaluation of the child. The department shall have a
medical evaluation made without a court order if either of the following occurs:
(a) The child's health is seriously endangered and a court order cannot be obtained.
(b) The child is displaying symptoms suspected to be the result of exposure to or contact with
methamphetamine production.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1984, Act 418, Eff. Mar. 29, 1985;Am. 2006, Act 266, Imd. Eff. July 6, 2006.
722.627Central registry; availability of confidential records; closed court proceeding not
required; notice to individuals; amending or expunging certain reports and records;
hearing; evidence; release of reports compiled by law enforcement agency; information
obtained by citizen review panel; dissemination of information to pursue sanctions for
dereliction of duty by agency employee.
Sec. 7.(1) The department shall maintain a statewide, electronic central registry to carry out the intent of
this act.
(2) 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 report of known or
suspected child abuse or neglect or a legally mandated public or private child protective agency or foster care
agency prosecuting a disciplinary action against its own employee involving child protective services or foster
records.
(b) A police or other law enforcement agency investigating a report of known or suspected child abuse or
neglect.
(c) A physician who is treating a child whom the physician reasonably suspects may be abused or
neglected.
(d) A person legally authorized to place a child in protective custody when the person is confronted with a
child whom the person reasonably suspects may be abused or neglected and the confidential record is
necessary to determine whether to place the child in protective custody.
(e) A person, agency, or organization, including a multidisciplinary case consultation team, authorized to
diagnose, care for, treat, or supervise a child or family who is the subject of a report or record under this act,
or who is responsible for the child's health or welfare.
(f) A person named in the report or record as a perpetrator or alleged perpetrator of the child abuse or
neglect or a victim who is an adult at the time of the request, if the identity of the reporting person is protected
as provided in section 5.
(g) A court that determines the information is necessary to decide an issue before the court. In the event of
a child's death, a court that had jurisdiction over that child under section 2(b) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2.
(h) A grand jury that determines the information is necessary to conduct the grand jury's official business.
(i) A person, agency, or organization engaged in a bona fide research or evaluation project. The person,
agency, or organization shall not release information identifying a person named in the report or record unless
that person's written consent is obtained. The person, agency, or organization shall not conduct a personal
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interview with a family without the family's prior consent and shall not disclose information that would
identify the child or the child's family or other identifying information. The department director may authorize
the release of information to a person, agency, or organization described in this subdivision if the release
contributes to the purposes of this act and the person, agency, or organization has appropriate controls to
maintain the confidentiality of personally identifying information for a person named in a report or record
made under this act.
(j) A lawyer-guardian ad litem or other attorney appointed as provided by section 10.
(k) A child placing agency licensed under 1973 PA 116, MCL 722.111 to 722.128, for the purpose of
investigating an applicant for adoption, a foster care applicant or licensee or an employee of a foster care
applicant or licensee, an adult member of an applicant's or licensee's household, or other persons in a foster
care or adoptive home who are directly responsible for the care and welfare of children, to determine
suitability of a home for adoption or foster care. The child placing agency shall disclose the information to a
foster care applicant or licensee under 1973 PA 116, MCL 722.111 to 722.128, or to an applicant for
adoption.
(l) Family division of circuit court staff authorized by the court to investigate foster care applicants and
licensees, employees of foster care applicants and licensees, adult members of the applicant's or licensee's
household, and other persons in the home who are directly responsible for the care and welfare of children,
for the purpose of determining the suitability of the home for foster care. The court shall disclose this
information to the applicant or licensee.
(m) Subject to section 7a, a standing or select committee or appropriations subcommittee of either house of
the legislature having jurisdiction over child protective services matters.
(n) The children's ombudsman appointed under the children's ombudsman act, 1994 PA 204, MCL 722.921
to 722.932.
(o) A child fatality review team established under section 7b and authorized under that section to
investigate and review a child death.
(p) A county medical examiner or deputy county medical examiner appointed under 1953 PA 181, MCL
52.201 to 52.216, for the purpose of carrying out his or her duties under that act.
(q) A citizen review panel established by the department. Access under this subdivision is limited to
information the department determines is necessary for the panel to carry out its prescribed duties.
(r) A child care regulatory agency.
(s) A foster care review board for the purpose of meeting the requirements of 1984 PA 422, MCL 722.131
to 722.139a.
(t) A local friend of the court office.
(3) Subject to subsection (9), a person or entity to whom information described in subsection (2) is
disclosed shall make the information available only to a person or entity described in subsection (2). This
subsection does not require a court proceeding to be closed that otherwise would be open to the public.
(4) If the department classifies a report of suspected child abuse or neglect as a central registry case, the
department shall maintain a record in the central registry and, within 30 days after the classification, shall
notify in writing each person who is named in the record as a perpetrator of the child abuse or neglect. The
notice shall set forth the person's right to request expunction of the record and the right to a hearing if the
department refuses the request. The notice shall state that the record may be released under section 7d. The
notice shall not identify the person reporting the suspected child abuse or neglect.
(5) A person who is the subject of a report or record made under this act may request the department to
amend an inaccurate report or record from the central registry and local office file. A person who is the
subject of a report or record made under this act may request the department to expunge from the central
registry a report or record in which no relevant and accurate evidence of abuse or neglect is found to exist. A
report or record filed in a local office file is not subject to expunction except as the department authorizes, if
considered in the best interest of the child.
(6) If the department refuses a request for amendment or expunction under subsection (5), or fails to act
within 30 days after receiving the request, the department shall hold a hearing to determine by a
preponderance of the evidence whether the report or record in whole or in part should be amended or
expunged from the central registry on the grounds that the report or record is not relevant or accurate evidence
of abuse or neglect. The hearing shall be held before a hearing officer appointed by the department and shall
be conducted as prescribed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(7) If the investigation of a report conducted under this act fails to disclose evidence of abuse or neglect,
the information identifying the subject of the report shall be expunged from the central registry. If evidence of
abuse or neglect exists, the department shall maintain the information in the central registry until the
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department receives reliable information that the perpetrator of the abuse or neglect is dead.
(8) In releasing information under this act, the department shall not include a report compiled by a police
agency or other law enforcement agency related to an ongoing investigation of suspected child abuse or
neglect. This subsection does not prevent the department from releasing reports of convictions of crimes
related to child abuse or neglect.
(9) A member or staff member of a citizen review panel shall not disclose identifying information about a
specific child protection case to an individual, partnership, corporation, association, governmental entity, or
other legal entity. A member or staff member of a citizen review panel is a member of a board, council,
commission, or statutorily created task force of a governmental agency for the purposes of section 7 of 1964
PA 170, MCL 691.1407. Information obtained by a citizen review panel is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) An agency obtaining a confidential record under subsection (2)(a) may seek an order from the court
having jurisdiction over the child or from the family division of the Ingham county circuit court that allows
the agency to disseminate confidential child protective services or foster care information to pursue sanctions
for alleged dereliction, malfeasance, or misfeasance of duty against an employee of the agency, to a
recognized labor union representative of the employee's bargaining unit, or to an arbitrator or an
administrative law judge who conducts a hearing involving the employee's alleged dereliction, malfeasance,
or misfeasance of duty to be used solely in connection with that hearing. Information released under this
subsection shall be released in a manner that maintains the greatest degree of confidentiality while allowing
review of employee performance.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1980, Act 511, Imd. Eff. Jan. 26, 1981;Am. 1984, Act 418, Eff. Mar. 29, 1985;
Am. 1991, Act 78, Imd. Eff. July 18, 1991;Am. 1993, Act 251, Imd. Eff. Nov. 24, 1993;Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994
;Am. 1995, Act 220, Imd. Eff. Dec. 1, 1995;Am. 1995, Act 225, Imd. Eff. Dec. 14, 1995;Am. 1997, Act 168, Eff. Mar. 31, 1998;
Am. 1998, Act 428, Eff. Apr. 1, 1999;Am. 1998, Act 483, Eff. Mar. 1, 1999;Am. 1998, Act 484, Eff. July 1, 1999;Am. 1998,
Act 485, Eff. Aug. 1, 1999;Am. 2000, Act 45, Imd. Eff. Mar. 27, 2000;Am. 2002, Act 661, Imd. Eff. Dec. 23, 2002;Am. 2004,
Act 563, Imd. Eff. Jan. 3, 2005;Am. 2006, Act 621, Imd. Eff. Jan. 3, 2007;Am. 2008, Act 300, Imd. Eff. Oct. 8, 2008;Am. 2011,
Act 70, Imd. Eff. June 28, 2011.
722.627aAvailability of information, reports, and records to legislature; disclosure of or
keeping confidential information as misdemeanor.
Sec. 7a.(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 the following:
(a)The department shall not provide confidential information protected by section 7 to the committee
unless the committee members appointed and serving agree by roll call vote that the information is essential
for the protection of Michigan children or for legislative oversight of the protective services program and that
the confidential information will only be considered at a closed session of the committee. The affirmative vote
required by this subdivision shall be by not less than the super majority required by section 7 of the open
meetings act, Act No. 267 of the Public Acts of 1976, being section 15.267 of the Michigan Compiled Laws,
and may serve as the vote required under that section for holding a closed session.
(b)In addition to compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275
of the Michigan Compiled Laws, a closed session held under this section shall comply with all of the
following:
(i)Tape recording, camera, or other electronic equipment for documenting the proceedings shall not be
permitted in the closed session.
(ii)Attendance at the closed session shall be limited to committee members, other members of the
legislature and legislative staff at the discretion of the chairperson, and staff members from the department
designated by the director.
(2)A person who discloses or causes to be disclosed confidential information to which the person has
gained access at a meeting held under this section is guilty of a misdemeanor. A person who keeps a
confidential record or file, or a copy of a confidential record or file, at the conclusion of a closed session held
under this section, which record or file is obtained at that meeting, is guilty of a misdemeanor.
History: Add. 1993, Act 251, Imd. Eff. Nov. 24, 1993.
722.627bChild fatality review team; membership; review of child fatality; training and
orientation; creation of advisory committee; review by citizen review panel; annual report;
transmission of report to governor and legislature; disclosure of information; member of
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review team as member for purposes of MCL 691.1407; registry of statistical information
regarding children's deaths.
Sec. 7b.(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 appointed under 1953 PA 181, MCL
52.201 to 52.216.
(b) A representative of a local law enforcement agency.
(c) A representative of the department.
(d) The county prosecuting attorney or a designated assistant county prosecutor.
(e) A representative of the department of community health or a local health department.
(f) A representative of the local court.
(2) A child fatality review team established under subsection (1) shall review each child fatality occurring
in the county or counties that established the child fatality review team.
(3) The department shall make available to each child fatality review team established under subsection (1)
professional, interagency training and orientation on the review of child fatalities. The department shall make
available, as necessary, training on specific types of child fatalities, investigation techniques, and prevention
initiatives.
(4) The department shall establish a multiagency, multidisciplinary advisory committee to identify and
make recommendations on policy and statutory changes pertaining to child fatalities and to guide statewide
prevention, education, and training efforts.
(5) The advisory committee created under subsection (4) consists of the following:
(a) Two representatives of the department.
(b) Two representatives of the department of community health.
(c) One county medical examiner.
(d) One representative of law enforcement.
(e) One county prosecuting attorney.
(f) The children's ombudsman or his or her designee.
(g) A representative of a state or local court.
(6) The citizen review panel shall review each child fatality that involves allegations of child abuse or
neglect for each child who, at the time of death or within the 12 months preceding the death, was under the
court's jurisdiction under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2.
(7) Beginning December 31, 2012, and using the annual compilation of child fatalities reported by the state
registrar under part 28 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899, and data received
from the child fatality review teams established under subsection (1) and the citizen review panel established
under subsection (6), the advisory committee established under subsection (4) shall author an annual report on
child fatalities reviewed during the previous calendar year. The advisory committee shall include in the report,
at a minimum, all of the following:
(a) The total number of child fatalities and the type or cause of each child fatality.
(b) The number of child fatalities that occurred while the child was in foster care.
(c) The number of cases where the child's death occurred within 5 years after family preservation or family
reunification.
(d) Trends in child fatalities.
(8) The advisory committee established under subsection (4) shall break down the information required
under subsection (7) by county or by groups of counties as described in subsection (1). The information
contained in the report is public information. The advisory committee shall not include identifying
information of persons named in the report. The advisory committee shall transmit the final report under
subsection (7) to the department by December 31 of each year. Not less than 30 days and not more than 60
days after transmitting the report to the department, the department shall ensure publication of the report and
transmit a copy to the governor and to the standing committees of the legislature with jurisdiction over
matters pertaining to child protection.
(9) Except as provided in subsection (11), information obtained by a child fatality review team established
under subsection (1) is confidential and may be disclosed by the child fatality review team only to the
department, the children's ombudsman, the county prosecutor's office, local law enforcement, or another child
fatality review team. The information is not subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
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(10) An individual who is a member of a child fatality review team established under subsection (1) or of
the advisory committee established under subsection (4) is a member of a board, council, commission, or
statutorily created task force of a governmental agency for the purposes of section 7 of 1964 PA 170, MCL
691.1407.
(11) The department shall establish and maintain a registry of statistical information regarding children's
deaths that shall be accessible to the public. The registry created in this section shall not disclose any
identifying information and shall only include statistical information covering all of the following:
(a) The number of children who died while under court jurisdiction for child abuse or neglect regardless of
placement setting.
(b) The number of children who died as a result of child abuse or neglect after a parent had 1 or more child
protective services complaints within the 2 years preceding the child's death and the category dispositions of
those complaints.
(c) The total number of children as identified in subdivisions (a) and (b) who died in the preceding year.
(d) The child protective services disposition of the child fatality.
History: Add. 1997, Act 167, Eff. Mar. 31, 1998;Am. 2011, Act 68, Imd. Eff. June 28, 2011;Am. 2011, Act 69, Imd. Eff. June
28, 2011;Am. 2011, Act 89, Imd. Eff. July 15, 2011.
722.627cRelease of information from child protective services records or case in which
child has died; decision by director; determination.
Sec. 7c.(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 act for the director under sections 7d to 7i, and a
reference to the director under those sections applies to an individual designated by the director.
(4) For the purposes of sections 7d to 7i, a child's best interest shall be determined based on all of the
following:
(a) Protection of the child's safety.
(b) Preservation of the child's physical, mental, and emotional health.
(c) Consideration of the child's likelihood of establishing a successful and timely permanent family and
community relationship.
(5) Sections 7d to 7i do not subject a report or record that is confidential under this act to disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999;Am. 2004, Act 563, Imd. Eff. Jan. 3, 2005.
722.627dRelease of information by director; preliminary decision to release or deny
information; extension of time period; evidence.
Sec. 7d.(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 shall make a preliminary decision to release or to deny release of the specified information within 14
days after receipt of the request. After notifying the requester, the director may extend that time period for an
additional 14 days if the additional time is necessary to research and compile the requested specified
information.
(2)The director may release specified information under this section if there is clear and convincing
evidence that either of the following is true:
(a)The release of the specified information is in the best interest of the child to whom the specified
information relates.
(b)The release of the specified information is not in conflict with the best interest of the child to whom the
specified information relates, and 1 or more of the following are true:
(i)The release is in the best interest of a member of the child's family or of an individual who resides in the
same home in which the child resides. For the purposes of this subparagraph, the child's family includes the
child's parents, legal guardians, grandparents, and siblings.
(ii)The release clarifies actions taken by the department on a specific case.
(iii)The report or record containing the specified information concerns a child who has died or concerns a
member of that child's family.
(iv)All or part of the report or record containing the specified information is publicly disclosed in a
judicial proceeding.
(v)A child abuse or neglect complaint or investigation to which the report or record containing the
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specified information relates has been part of the subject matter of a published or broadcast media story.
(vi)The report or record containing the specified information concerns a substantiated report of sexual
abuse, serious injury, or life threatening harm involving the child or a sibling of the child identified in the
request.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627eRelease of information by director; prohibitions.
Sec. 7e.(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 specified information if 1 or more of the following are true:
(a)The request for release does not include information sufficient to identify the specific case to which the
request relates.
(b)An investigation of the report of child abuse or neglect to which the specified information relates is in
progress and the report has not been substantiated or unsubstantiated.
(c)A hearing is pending under section 7(6).
(d)There is an ongoing criminal investigation and, as determined by the local prosecuting attorney, release
would interfere with the criminal investigation.
(e)The individual who submits the request is serving a sentence of imprisonment in a state, county, or
federal correctional facility in this state or in another state.
(f)The child to whom the report or record relates is 18 years of age or older.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627fRelease of information by director; preliminary decision to release or deny request;
notice; final decision; writing; right to appeal.
Sec. 7f.(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 specified information. The notice shall be in writing and shall be made by personal service or by
registered or certified mail, return receipt requested and deliverable to the addressee only. The notice shall
include at least all of the following:
(a)The basis on which the specified information is being released or the basis for denial of the request for
release.
(b)A statement that the decision becomes a final decision unless information that could be the basis for a
different decision is submitted to the director in writing within 14 days after the notice is given.
(c)A statement that there is a right to appeal a final decision as provided in section 7h. The notice shall
include information regarding where to file the appeal and describing appellate procedures.
(2)If, within 14 days after giving notice, the director does not receive information in writing that could be
the basis for a different decision, the director's decision is final.
(3)If the director does receive information as described in subsection (2), the director shall make a final
decision to release or deny a request to release the specified information within 7 days after receipt of the
information. The director shall give notice of a final decision made under this subsection to each individual
required to be notified under section 7g(1) or (2). The notice required by this subsection shall be in writing
and shall include at least notification of the right to appeal a final decision as provided in section 7h.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627gRelease of information by director; individuals to be notified.
Sec. 7g.(1)If the director decides to release specified information under section 7d, the department shall
give each notice required under section 7f to each of the following:
(a)Each individual named in the report as a perpetrator or an alleged perpetrator of the child's abuse or
neglect, unless the individual named in the report has been convicted of a crime relating to the abuse or
neglect, and no appeal is pending.
(b)Each parent or legal guardian of the child.
(c)Each attorney representing the child who is the subject of the case, or representing an individual listed
in subdivision (a) or (b), if the department has notice of that representation.
(d)The child's guardian ad litem.
(2)If the director denies a request for release of information under section 7d, the department shall notify
only the requesting person.
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(3)If an individual required to be notified under subsection (1)(a) is named as a perpetrator of child abuse
or neglect in a report that contains specified information requested to be released, and that individual was not
previously notified under section 7(4), the department shall notify that individual as required by section 7(4)
not less than 14 days before the specified information is released. If an individual who is required to be
notified under this subsection requests expunction of the record within 14 days after the notice is given, the
specified information shall not be released under this section until the procedures governing expunction under
section 7 are completed. If an individual who is required to be notified under this subsection does not request
expunction within 14 days, the procedures for release of specified information under sections 7c to 7i shall be
followed, and the individual does not have a right to appeal the decision to release.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627hAppeal of director's decision.
Sec. 7h.(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
be released until the decision to release is upheld by the circuit court. If the director denies a request to release
specified information under section 7d, within 30 days after notice of the denial, the person whose request is
denied may file an appeal of the denial with the circuit court. The court shall uphold a decision to release or to
deny release of specified information unless the court finds that the director's decision was an abuse of the
director's discretion based upon the criteria for releasing or not releasing specified information prescribed by
sections 7c to 7i.
(2)Proceedings on an appeal filed under this section are confidential, and any record of these proceedings
shall not be released unless the court upholds a decision to release specified information or reverses the denial
of a request for release. The court shall conduct its review so that a person whose request for specified
information was denied does not have access to that specified information during the appeal proceedings.
(3)If the court reverses the director's decision to release or to deny release of specified information in an
appeal under this section, the court may order the department to pay the appellant's costs and reasonable
attorney fees that are related to the appeal.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627iFee; federal assurances and waivers.
Sec. 7i.(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 shall not utilize or
implement those provisions unless the family independence agency consults with and receives assurances
from the federal government, including any necessary federal waivers, that utilization and implementation of
those provisions do not jeopardize this state's receipt of federal money.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
722.627jIndividual not named in central registry case as perpetrator of child abuse or
neglect; documentation; receipt of central registry clearance information; request;
automated systems.
Sec. 7j.(1) Upon written request, the department may provide to an individual, or whoever is appropriate,
documentation stating that the individual is not named in a central registry case as the perpetrator of child
abuse or child neglect.
(2) An individual or the department may share the document provided in subsection (1) with whoever is
appropriate for the purpose of seeking employment or serving as a volunteer if that employment or volunteer
work will include contact with children.
(3) An employer, a person or agency to whom an individual is applying for employment, or a volunteer
agency, with appropriate authorization and identification from the individual, may request and receive central
registry clearance information if that employment or volunteer work will include contact with children.
(4) The department may develop an automated system that will allow an individual applying for
child-related employment or seeking to volunteer in a capacity that would allow unsupervised access to a
child for whom the individual is not a person responsible for that child's health or welfare to be listed in that
system if a screening of the individual finds that he or she has not been named in a central registry case as the
perpetrator of child abuse or child neglect. The automated system developed under this section shall provide
for public access to the list of individuals who have been screened for the purposes of complying with this
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section. An automated system developed under this section shall have appropriate safeguards and procedures
to ensure that information that is confidential under this act, state law, or federal law is not accessible or
disclosed through that system.
History: Add. 2002, Act 716, Eff. Mar. 31, 2003;Am. 2004, Act 563, Imd. Eff. Jan. 3, 2005;Am. 2008, Act 374, Imd. Eff. Dec.
23, 2008;Am. 2010, Act 81, Imd. Eff. May 21, 2010.
722.627kDeath of child under court jurisdiction; notification to legislator and children's
ombudsman.
Sec. 7k.(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 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, at the time of the child's death, the
state senator and state representative who represent the district in which that court is located, and the
children's ombudsman.
(2) The department shall notify the children's ombudsman within 1 business day when a child dies and any
of the following apply:
(a) The child died during an active child protective services investigation or an open child protective
services case.
(b) The department received a prior child protective services complaint concerning the child's caretaker.
(c) The child's death may have resulted from child abuse or neglect.
History: Add. 2011, Act 67, Imd. Eff. June 28, 2011.
722.628Referring report or commencing investigation; informing parent or legal guardian of
investigation; duties of department; assistance of and cooperation with law enforcement
officials; procedures; procedures by prosecuting attorney; cooperation of school or other
institution; information as to disposition of report; exception to reporting requirement;
surrender of newborn; training of employees in rights of children and families;
determination of open friend of the court case.
Sec. 8.(1) Within 24 hours after receiving a report made under this act, the department shall 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 shall commence an investigation of the child suspected
of being abused or neglected. Within 24 hours after receiving a report whether from the reporting person or
from the department under subsection (3)(a), (b), or (c) or section 3(6) or (9), the local law enforcement
agency shall refer the report to the department if the report meets the requirements of section 3(7) or shall
commence an investigation of the child suspected of being abused or neglected or exposed to or who has had
contact with methamphetamine production. If the child suspected of being abused or exposed to or who has
had contact with methamphetamine production is not in the physical custody of the parent or legal guardian
and informing the parent or legal guardian would not endanger the child's health or welfare, the agency or the
department shall inform the child's parent or legal guardian of the investigation as soon as the agency or the
department discovers the identity of the child's parent or legal guardian.
(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 child's welfare, and to preserve family life where possible. In the course of an
investigation, at the time that a department investigator contacts an individual about whom a report has been
made under this act or contacts an individual responsible for the health or welfare of a child about whom a
report has been made under this act, the department investigator shall advise that individual of the department
investigator's name, whom the department investigator represents, and the specific complaints or allegations
made against the individual. The department shall ensure that its policies, procedures, and administrative rules
ensure compliance with the provisions of this act.
(3) In conducting its investigation, the department shall seek the assistance of and cooperate with law
enforcement officials within 24 hours after becoming aware that 1 or more of the following conditions exist:
(a) Abuse or neglect is the suspected cause of a child's death.
(b) The child is the victim of suspected sexual abuse or sexual exploitation.
(c) Abuse or neglect resulting in severe physical injury to the child. For purposes of this subdivision and
section 17, "severe physical injury" means an injury to the child that requires medical treatment or
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hospitalization and that seriously impairs the child's health or physical well-being.
(d) Law enforcement intervention is necessary for the protection of the child, a department employee, or
another person involved in the investigation.
(e) The alleged perpetrator of the child's injury is not a person responsible for the child's health or welfare.
(f) The child has been exposed to or had contact with methamphetamine production.
(4) Law enforcement officials shall cooperate with the department in conducting investigations under
subsections (1) and (3) and shall comply with sections 5 and 7. The department and law enforcement officials
shall conduct investigations in compliance with the protocols adopted and implemented as required by
subsection (6).
(5) Involvement of law enforcement officials under this section does not relieve or prevent the department
from proceeding with its investigation or treatment if there is reasonable cause to suspect that the child abuse
or neglect was committed by a person responsible for the child's health or welfare.
(6) In each county, the prosecuting attorney and the department shall develop and establish procedures for
involving law enforcement officials as provided in this section. In each county, the prosecuting attorney and
the department shall adopt and implement standard child abuse and neglect investigation and interview
protocols using as a model the protocols developed by the governor's task force on children's justice as
published in FIA Publication 794 (revised 8-98) and FIA Publication 779 (8-98), or an updated version of
those publications.
(7) 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. If the investigation produces evidence of a violation of section 145c or sections 520b to 520g of
the Michigan penal code, 1931 PA 328, MCL 750.145c and 750.520b to 750.520g, the investigating agency
shall transmit a copy of the results of the investigation to the prosecuting attorney of the county in which the
agency, institution, or facility is located.
(8) A school or other institution shall cooperate with the department during an investigation of a report of
child abuse or neglect. Cooperation includes allowing access to the child without parental consent if access is
determined by the department to be necessary to complete the investigation or to prevent abuse or neglect of
the child. The department shall notify the person responsible for the child's health or welfare about the
department's contact with the child at the time or as soon afterward as the person can be reached. The
department may delay the notice if the notice would compromise the safety of the child or child's siblings or
the integrity of the investigation, but only for the time 1 of those conditions exists.
(9) If the department has contact with a child in a school, all of the following apply:
(a) Before contact with the child, the department investigator shall review with the designated school staff
person the department's responsibilities under this act and the investigation procedure.
(b) After contact with the child, the department investigator shall meet with the designated school staff
person and the child about the response the department will take as a result of contact with the child. The
department may also meet with the designated school staff person without the child present and share
additional information the investigator determines may be shared subject to the confidentiality provisions of
this act.
(c) Lack of cooperation by the school does not relieve or prevent the department from proceeding with its
responsibilities under this act.
(10) A child shall not be subjected to a search at a school that requires the child to remove his or her
clothing to expose his buttocks or genitalia or her breasts, buttocks, or genitalia unless the department has
obtained an order from a court of competent jurisdiction permitting such a search. If the access occurs within
a hospital, the investigation shall be conducted so as not to interfere with the medical treatment of the child or
other patients.
(11) The department shall enter each report made under this act that is the subject of a field investigation
into the CPSI system. The department shall maintain a report entered on the CPSI system as required by this
subsection until the child about whom the investigation is made is 18 years old or until 10 years after the
investigation is commenced, whichever is later, or, if the case is classified as a central registry case, until the
department receives reliable information that the perpetrator of the abuse or neglect is dead. Unless made
public as specified information released under section 7d, a report that is maintained on the CPSI system is
confidential and is not subject to the disclosure requirements of the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(12) After completing a field investigation and based on its results, the department shall determine in
which single category, prescribed by section 8d, to classify the allegation of child abuse or neglect.
(13) Except as provided in subsection (14), upon completion of the investigation by the local law
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enforcement agency or the department, the law enforcement agency or department may inform the person
who made the report as to the disposition of the report.
(14) If the person who made the report is mandated to report under section 3, upon completion of the
investigation by the department, the department shall inform the person in writing as to the disposition of the
case and shall include in the information at least all of the following:
(a) What determination the department made under subsection (12) and the rationale for that decision.
(b) Whether legal action was commenced and, if so, the nature of that action.
(c) Notification that the information being conveyed is confidential.
(15) Information sent under subsection (14) shall not include personally identifying information for a
person named in a report or record made under this act.
(16) Unless section 5 of chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.5, requires a
physician to report to the department, the surrender of a newborn in compliance with chapter XII of the
probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, is not reasonable cause to suspect child abuse or
neglect and is not subject to the section 3 reporting requirement. This subsection does not apply to
circumstances that arise on or after the date that chapter XII of the probate code of 1939, 1939 PA 288, MCL
712.1 to 712.20, is repealed. This subsection applies to a newborn whose birth is described in the born alive
infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is considered to be a newborn
surrendered under the safe delivery of newborns law as provided in section 3 of chapter XII of the probate
code of 1939, 1939 PA 288, MCL 712.3.
(17) All department employees involved in investigating child abuse or child neglect cases shall be trained
in the legal duties to protect the state and federal constitutional and statutory rights of children and families
from the initial contact of an investigation through the time services are provided.
(18) The department shall determine whether there is an open friend of the court case regarding a child
who is suspected of being abused or neglected if a child protective services investigation of child abuse and
neglect allegations result in any of the following dispositions:
(a) A finding that a preponderance of evidence indicates that there has been child abuse and neglect.
(b) Emergency removal of the child for child abuse and neglect before the investigation is completed.
(c) The family court takes jurisdiction on a petition and a child is maintained in his or her own home under
the supervision of the department.
(d) If 1 or more children residing in the home are removed and 1 or more children remain in the home.
(e) Any other circumstances that the department determines are applicable and related to child safety.
(19) If the department determines that there is an open friend of the court case and the provisions of
subsection (18) apply, the department shall notify the office of the friend of the court in the county in which
the friend of the court case is open that there is an investigation being conducted under this act regarding that
child and shall also report to the local friend of the court office when there is a change in that child's
placement.
(20) Child protective services may report to the local friend of the court office any situation in which a
parent, more than 3 times within 1 year or on 5 cumulative reports over several years, made unfounded
reports to child protective services regarding alleged child abuse or neglect of his or her child.
(21) If the department determines that there is an open friend of the court case, the department shall
provide noncustodial parents of a child who is suspected of being abused or neglected with the form
developed by the department that has information on how to change a custody or parenting time court order.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1978, Act 252, Eff. Mar. 30, 1979;Am. 1984, Act 418, Eff. Mar. 29, 1985;Am.
1988, Act 372, Eff. Mar. 30, 1989;Am. 1997, Act 59, Eff. Oct. 1, 1997;Am. 1997, Act 166, Eff. Mar. 31, 1998;Am. 1998, Act
484, Eff. July 1, 1999;Am. 2000, Act 45, Imd. Eff. Mar. 27, 2000;Am. 2000, Act 234, Eff. Jan. 1, 2001;Am. 2002, Act 690, Eff.
Mar. 31, 2003;Am. 2004, Act 195, Imd. Eff. July 8, 2004;Am. 2006, Act 256, Imd. Eff. July 6, 2006;Am. 2006, Act 583, Imd.
Eff. Jan. 3, 2007;Am. 2006, Act 630, Imd. Eff. Jan. 3, 2007;Am. 2008, Act 46, Imd. Eff. Mar. 27, 2008;Am. 2008, Act 300, Imd.
Eff. Oct. 8, 2008.
722.628aExecution of notices by prosecuting attorney of individuals bound over to circuit
court for certain crimes; notification upon final disposition; confidentiality.
Sec. 8a.(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 PA 328, MCL 750.520b, 750.520c, and 750.520d.
(b)Assault with intent to commit criminal sexual conduct in violation of section 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520g.
(c)A felonious attempt or a felonious conspiracy to commit criminal sexual conduct.
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(d)An assault on a child that is punishable as a felony.
(e)Child abuse in the first, second, or third degree, in violation of section 136b of the Michigan penal
code, 1931 PA 328, MCL 750.136b.
(f)Involvement in child sexually abusive material or child sexually abusive activity in violation of section
145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(2)If the individual is an employee of a nonpublic school as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5, the prosecuting attorney shall notify the governing body of the nonpublic
school.
(3)If the individual is an employee of a school district or intermediate school district, the prosecuting
attorney shall notify the superintendent of the school district or intermediate school district.
(4)If the individual is an employee of the department who provides a service to children and youth as
described in section 115 of the social welfare act, 1939 PA 280, MCL 400.115, the prosecuting attorney shall
notify the county director of social services or the superintendent of the training school.
(5)If the individual is a child care provider, the prosecuting attorney shall notify the department, the owner
or operator of the child care provider's child care organization or adult foster care location authorized to care
for a child, and the child care regulatory agency with authority over that child care organization or adult foster
care location authorized to care for a child.
(6)Upon final disposition of a criminal matter for which a notice was given under subsections (2) to (5),
the prosecuting attorney shall notify each person previously notified under subsections (2) to (5) of that
disposition.
(7)A person who is notified or otherwise receives information under this section shall keep the
information received confidential except so far as disclosure is necessary to take appropriate action in
response to the information.
History: Add. 1992, Act 39, Eff. Mar. 31, 1993;Am. 2002, Act 661, Imd. Eff. Dec. 23, 2002.
722.628bReferral of case to prosecuting attorney; review.
Sec. 8b.(1) If a central registry case involves a child's death, serious physical injury of a child, or sexual
abuse or exploitation of a child, the department shall refer the case to the prosecuting attorney for the county
in which the child is located. The prosecuting attorney shall review the investigation of the case to determine
if the investigation complied with the protocol adopted as required by section 8.
(2) If a central registry case involves a child's exposure to or contact with methamphetamine production,
the department shall refer the case to the prosecuting attorney for the county in which the child is located. The
prosecuting attorney shall review the investigation of the case to determine whether the investigation
complied with the protocol adopted as required by section 8.
History: Add. 1997, Act 168, Eff. Mar. 31, 1998;Am. 1998, Act 484, Eff. July 1, 1999;Am. 2006, Act 263, Imd. Eff. July 6,
2006.
722.628cInterview with child.
Sec. 8c.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.
History: Add. 1997, Act 168, Eff. Mar. 31, 1998.
722.628dCategories and departmental response; listing in child abuse or neglect registry;
report to legislature.
Sec. 8d.(1) For the department's determination required by section 8, the categories, and the departmental
response required for each category, are the following:
(a) Category V - services not needed. Following a field investigation, the department determines that there
is no evidence of child abuse or neglect.
(b) Category IV - community services recommended. Following a field investigation, the department
determines that there is not a preponderance of evidence of child abuse or neglect, but the structured
decision-making tool indicates that there is future risk of harm to the child. The department shall assist the
child's family in voluntarily participating in community-based services commensurate with the risk to the
child.
(c) Category III - community services needed. The department determines that there is a preponderance of
evidence of child abuse or neglect, and the structured decision-making tool indicates a low or moderate risk of
future harm to the child. The department shall assist the child's family in receiving community-based services
commensurate with the risk to the child. If the family does not voluntarily participate in services, or the
family voluntarily participates in services, but does not progress toward alleviating the child's risk level, the
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department shall consider reclassifying the case as category II.
(d) Category II - child protective services required. The department determines that there is evidence of
child abuse or neglect, and the structured decision-making tool indicates a high or intensive risk of future
harm to the child. The department shall open a protective services case and provide the services necessary
under this act. The department shall also list the perpetrator of the child abuse or neglect, based on the report
that was the subject of the field investigation, on the central registry, either by name or as "unknown" if the
perpetrator has not been identified.
(e) Category I - court petition required. The department determines that there is evidence of child abuse or
neglect and 1 or more of the following are true:
(i) A court petition is required under another provision of this act.
(ii) The child is not safe and a petition for removal is needed.
(iii) The department previously classified the case as category II and the child's family does not voluntarily
participate in services.
(iv) There is a violation, involving the child, of a crime listed or described in section 8a(1)(b), (c), (d), or
(f) or of child abuse in the first or second degree as prescribed by section 136b of the Michigan penal code,
1931 PA 328, MCL 750.136b.
(2) In response to a category I classification, the department shall do all of the following:
(a) If a court petition is not required under another provision of this act, submit a petition for authorization
by the court under section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(b) Open a protective services case and provide the services necessary under this act.
(c) List the perpetrator of the child abuse or neglect, based on the report that was the subject of the field
investigation, on the central registry, either by name or as "unknown" if the perpetrator has not been
identified.
(3) The department is not required to use the structured decision-making tool for a nonparent adult who
resides outside the child's home who is the victim or alleged victim of child abuse or neglect or for an owner,
operator, volunteer, or employee of a licensed or registered child care organization or a licensed or unlicensed
adult foster care family home or adult foster care small group home as those terms are defined in section 3 of
the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(4) If following a field investigation the department determines that there is a preponderance of evidence
that an individual listed in subsection (3) was the perpetrator of child abuse or neglect, the department shall
list the perpetrator of the child abuse or neglect on the central registry.
(5) The department shall furnish a written report described in subsection (6) to the appropriate legislative
standing committees and the house and senate appropriations subcommittees for the department within 4
months after each of the following time periods:
(a) Beginning October 1, 2005 and ending September 30, 2006.
(b) Beginning October 1, 2006 and ending September 30, 2007.
(c) Beginning October 1, 2007 and ending September 30, 2008.
(6) The department shall include in a report required by subsection (5) at least all of the following
information regarding all families that were classified in category III at some time during the time period
covered by the report:
(a) The total number of families classified in category III.
(b) The number of cases in category III closed or reclassified during the time period covered by the report
categorized as follows:
(i) The number of cases referred to voluntary community services and closed with no additional
monitoring.
(ii) The number of cases referred to voluntary community services and monitored for up to 90 days.
(iii) The number of cases for which the department entered more than 1 determination that there was
evidence of child abuse or neglect.
(iv) The number of cases that the department reclassified from category III to category II.
(v) The number of cases that the department reclassified from category III to category I.
(vi) The number of cases that the department reclassified from category III to category I that resulted in a
removal.
(c) For the periods described in subsection (5)(b) and (c), the number of cases that the department
reclassified in each of subparagraphs (iv), (v), and (vi) of subdivision (b) that were referred to and provided
voluntary community services before being reclassified by the department.
History: Add. 1998, Act 484, Eff. July 1, 1999;Am. 2000, Act 45, Imd. Eff. Mar. 27, 2000;Am. 2002, Act 661, Imd. Eff. Dec.
23, 2002;Am. 2006, Act 618, Imd. Eff. Jan. 3, 2007.
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722.628eInvestigation checklist.
Sec. 8e.(1) The department shall implement an investigation checklist to be used in each investigation of
suspected abuse and neglect handled by the department.
(2) Subject to subsections (3) and (4), an investigation shall not be closed until the checklist described in
subsection (1) is completed.
(3) A supervisor must review the completed checklist. If the supervisor determines that the investigation
complies with the investigation checklist and with the following state laws and department policy, the
investigation may be closed:
(a) Face-to-face contact was made with all alleged child victims.
(b) A petition was filed as required by sections 8d(1)(e), 17, and 18.
(c) A petition was filed when court intervention was needed to ensure child safety.
(d) Any other items that impact child safety and well-being that are specifically outlined in department
policy to require the approvals outlined in subsection (4).
(4) If the supervisor determines that the investigation does not comply with the investigation checklist and
the state laws and department policy outlined in subsection (3), the supervisor shall determine the reason the
investigation checklist and state law or department policy outlined in subsection (3) were not followed. An
investigation that falls under this subsection shall not be closed until after the local office director has
reviewed the investigation.
History: Add. 2008, Act 511, Eff. Apr. 1, 2009.
722.629Multidisciplinary services; biennial report; continuing education programs;
dissemination of information.
Sec. 9.(1)The department, in discharging its responsibilities under this act, shall provide, directly or
through the purchase of services from other agencies and professions, multidisciplinary services such as those
of a pediatrician, psychologist, psychiatrist, public health nurse, social worker, or attorney through the
establishment of regionally based or strategically located teams. The department shall prepare a biennial
report to the legislature containing information on the activities of the teams created pursuant to this
subsection and including recommendations by the teams and the department regarding child abuse and
neglect when committed by persons responsible for the child's health or welfare.
(2)The department shall assure a continuing education program for department, probate court, and private
agency personnel. The program shall include responsibilities, obligations, and powers under this act and the
diagnosis and treatment of child abuse and neglect when committed by persons responsible for the child's
health or welfare.
(3)The department shall provide for the dissemination of information to the general public with respect to
the problem of child abuse and neglect in this state and the facilities, prevention, and treatment methods
available to combat child abuse and neglect when committed by persons responsible for the child's health or
welfare.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1984, Act 418, Eff. Mar. 29, 1985;Am. 1988, Act 372, Eff. Mar. 30, 1989.
722.629aAnnual report.
Sec. 9a.The agency within the department that is responsible for administering and providing services
under this act shall make an annual comprehensive report to the legislature that includes at least all of the
following:
(a)Statistical information including at least all of the following:
(i)Total reports of abuse and neglect investigated under this act and the number that were substantiated
and unsubstantiated.
(ii)Characteristics of perpetrators of abuse and neglect and the child victims such as age, sex, relationship,
socioeconomic status, race, and ethnicity.
(iii)The occupation or description listed under section 3 in which the individual who made the report fits,
or other description if the individual is not within a group required to report under this act.
(iv)Statistics relating to the central registry such as number of individuals and their characteristics.
(v)Statistics relating to the basis for determining that reported cases of abuse or neglect are
unsubstantiated.
(b)Policy related to child protective services including, but not limited to, major policy changes and court
decisions affecting the administration of this act.
History: Add. 1998, Act 428, Eff. Apr. 1, 1999.
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722.630Lawyer-guardian ad litem.
Sec. 10.In each case filed under this act in which judicial proceedings are necessary, the court shall
appoint a lawyer-guardian ad litem to represent the child. A lawyer-guardian ad litem represents the child and
has powers and duties in relation to that representation as set forth in section 17d of chapter XIIA of 1939 PA
288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d, apply
to a lawyer-guardian ad litem appointed under this act.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1998, Act 483, Eff. Mar. 1, 1999.
722.631Privileged communications.
Sec. 11.Any legally recognized privileged communication except that between attorney and client or that
made to a member of the clergy in his or her professional character in a confession or similarly confidential
communication is abrogated and shall not constitute grounds for excusing a report otherwise required to be
made or for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to
this act. This section does not relieve a member of the clergy from reporting suspected child abuse or child
neglect under section 3 if that member of the clergy receives information concerning suspected child abuse or
child neglect while acting in any other capacity listed under section 3.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 2002, Act 693, Eff. Mar. 1, 2003.
722.632Report to law enforcement officials or probate court.
Sec. 12.This act shall not prohibit a person who has reasonable cause to suspect child abuse or neglect
from making a report to the appropriate law enforcement officials or probate court.
History: 1975, Act 238, Eff. Oct. 1, 1975.
722.632aInvestigations by hospital, school, or other agency.
Sec. 12a.This act does not preclude or hinder a hospital, school, or other agency from investigating
reported claims of child abuse or neglect by its employees or from taking disciplinary action based upon that
investigation against its employees.
History: Add. 1988, Act 372, Eff. Mar. 30, 1989.
722.633Failure to report suspected child abuse or neglect; damages; violation as
misdemeanor; unauthorized dissemination of information as misdemeanor; civil liability;
maintaining report or record required to be expunged as misdemeanor; false report of
child abuse or neglect.
Sec. 13.(1)A person who is required by this act to report an instance of suspected child abuse or neglect
and who fails to do so is civilly liable for the damages proximately caused by the failure.
(2)A person who is required by this act to report an instance of suspected child abuse or neglect and who
knowingly fails to do so is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(3)Except as provided in section 7, a person who disseminates, or who permits or encourages the
dissemination of, information contained in the central registry and in reports and records made as provided in
this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not
more than $100.00, or both, and is civilly liable for the damages proximately caused by the dissemination.
(4)A person who willfully maintains a report or record required to be expunged under section 7 is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or
both.
(5)A person who intentionally makes a false report of child abuse or neglect under this act knowing that
the report is false is guilty of a crime as follows:
(a)If the child abuse or neglect reported would not constitute a crime or would constitute a misdemeanor if
the report were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93
days or a fine of not more than $100.00, or both.
(b)If the child abuse or neglect reported would constitute a felony if the report were true, the person is
guilty of a felony punishable by the lesser of the following:
(i)The penalty for the child abuse or neglect falsely reported.
(ii)Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
History: 1975, Act 238, Eff. Oct. 1, 1975;Am. 1978, Act 252, Eff. Mar. 30, 1979;Am. 1984, Act 418, Eff. Mar. 29, 1985;Am.
1988, Act 372, Eff. Mar. 30, 1989;Am. 1993, Act 56, Imd. Eff. June 9, 1993;Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994;Am.
1996, Act 309, Eff. Jan. 1, 1997;Am. 2002, Act 14, Imd. Eff. Feb. 19, 2002.
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722.634Religious beliefs.
Sec. 14.A parent or guardian legitimately practicing his religious beliefs who thereby does not provide
specified medical treatment for a child, for that reason alone shall not be considered a negligent parent or
guardian. This section shall not preclude a court from ordering the provision of medical services or
nonmedical remedial services recognized by state law to a child where the child's health requires it nor does it
abrogate the responsibility of a person required to report child abuse or neglect.
History: 1975, Act 238, Eff. Oct. 1, 1975.
722.635Repeal of MCL 722.571 to 722.575.
Sec. 15.Act No. 98 of the Public Acts of 1964, being sections 722.571 to 722.575 of the Compiled Laws
of 1970, is repealed.
History: 1975, Act 238, Eff. Oct. 1, 1975.
722.636Effective date.
Sec. 16.This act shall take effect October 1, 1975.
History: 1975, Act 238, Eff. Oct. 1, 1975.
722.637Submission of petition for authorization under MCL 712A.2; exception.
Sec. 17.(1) Except as provided in subsection (2), within 24 hours after the department determines that a
child was severely physically injured as defined in section 8, sexually abused, or allowed to be exposed to or
have contact with methamphetamine production, the department shall submit a petition for authorization by
the court under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2.
(2) The department is not required to file a petition for authorization by the court as described in subsection
(1) if the department determines that the parent or legal guardian is not a suspected perpetrator of the abuse
and the department determines that all of the following apply:
(a) The parent or legal guardian did not neglect or fail to protect the child.
(b) The parent or legal guardian does not have a historical record that shows a documented pattern of
neglect or failing to protect the child.
(c) The child is safe in the parent's or legal guardian's care.
History: Add. 1997, Act 168, Eff. Mar. 31, 1998;Am. 2006, Act 256, Imd. Eff. July 6, 2006;Am. 2006, Act 630, Imd. Eff. Jan.
3, 2007.
722.638Submission of petition for authorization under MCL 712A.2; conditions; request for
termination of parental rights; conference.
Sec. 18.(1) The department shall submit a petition for authorization by the court under section 2(b) of
chapter XIIA of 1939 PA 288, MCL 712A.2, if 1 or more of the following apply:
(a) The department determines that a parent, guardian, or custodian, or a person who is 18 years of age or
older and who resides for any length of time in the child's home, has abused the child or a sibling of the child
and the abuse included 1 or more of the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to
penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life threatening injury.
(vi) Murder or attempted murder.
(b) The department determines that there is risk of harm to the child and either of the following is true:
(i) The parent's rights to another child were terminated as a result of proceedings under section 2(b) of
chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state.
(ii) The parent's rights to another child were voluntarily terminated following the initiation of proceedings
under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state and the
proceeding involved abuse that included 1 or more of the following:
(A) Abandonment of a young child.
(B) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to
penetrate.
(C) Battering, torture, or other severe physical abuse.
(D) Loss or serious impairment of an organ or limb.
(E) Life-threatening injury.
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(F) Murder or attempted murder.
(G) Voluntary manslaughter.
(H) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary
manslaughter.
(2) In a petition submitted as required by subsection (1), if a parent is a suspected perpetrator or is
suspected of placing the child at an unreasonable risk of harm due to the parent's failure to take reasonable
steps to intervene to eliminate that risk, the department shall include a request for termination of parental
rights at the initial dispositional hearing as authorized under section 19b of chapter XIIA of 1939 PA 288,
MCL 712A.19b.
(3) If the department is considering petitioning for termination of parental rights at the initial dispositional
hearing as authorized under section 19b of chapter XIIA of 1939 PA 288, MCL 712A.19b, even though the
facts of the child's case do not require departmental action under subsection (1), the department shall hold a
conference among the appropriate agency personnel to agree upon the course of action. The department shall
notify the attorney representing the child of the time and place of the conference, and the attorney may attend.
If an agreement is not reached at this conference, the department director or the director's designee shall
resolve the disagreement after consulting the attorneys representing both the department and the child.
History: Add. 1997, Act 168, Eff. Mar. 31, 1998;Am. 1998, Act 383, Eff. Mar. 23, 1999;Am. 1998, Act 428, Imd. Eff. Dec. 30,
1998;Am. 2010, Act 12, Eff. Sept. 4, 2010.
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