reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.606 - Duties of State Board.

722.606 Duties of state board.
Sec. 6.
(1) The state board shall do all of the following:
(a) Meet not less than twice annually at the call of the chairperson.
(b) One year after the original appointment of the state board, and biennially thereafter, develop a state plan for the distribution of funds from the trust fund. In developing the plan, the state board shall review already existing prevention programs. The plan shall assure that an equal opportunity exists for establishment of prevention programs and receipt of trust fund money among all geographic areas in this state. The plan shall be transmitted to the clerk of the house of representatives and to the secretary of the senate. The state board shall notify the governor and the members of the legislature that the plan is available.
(c) Provide for the coordination and exchange of information on the establishment and maintenance prevention programs.
(d) Develop and publicize criteria for the receipt of trust fund money by eligible local councils and eligible prevention programs.
(e) Review, approve, and monitor the expenditure of trust fund money by local councils and prevention programs.
(f) Provide statewide educational and public informational seminars for the purpose of developing appropriate public awareness regarding the prevention of child abuse and neglect; encourage professional persons and groups to recognize and deal with prevention of child abuse and neglect; encourage and coordinate the development of local councils; make information about the prevention of child abuse and neglect available to the public and organizations and agencies which deal with problems of child abuse and neglect; and encourage the development of community prevention programs.
(g) Establish a procedure for an annual, internal evaluation of the functions, responsibilities, and performance of the state board. In a year in which the biennial state plan is prepared, the evaluation shall be coordinated with the preparation of the state plan.
(2) The state board shall enter into contracts with public or private agencies to fulfill the requirements of subsection (1)(f) and may contract to fulfill the other requirements of subsection (1). The state board shall utilize existing state resources and staff of participating departments whenever practicable.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.607 - Recommending Changes to Governor and Legislature.

722.607 Recommending changes to governor and legislature.
Sec. 7.
The state board may recommend to the governor and the legislature changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.608 - Federal Funds, Gifts, Grants, Bequests, and Donations; Disposition.

722.608 Federal funds, gifts, grants, bequests, and donations; disposition.
Sec. 8.
(1) The state board may do any of the following:
(a) Accept federal money granted by congress or executive order for the purposes of this act as well as gifts, grants, bequests, and donations from individuals, private organizations, or foundations. The acceptance and use of federal money does not commit state money and does not place an obligation upon the legislature to continue the purposes for which the federal money is made available.
(b) Enter into a contract with a charitable organization licensed under the charitable organizations and solicitations act, Act No. 169 of the Public Acts of 1975, being sections 400.271 to 400.294 of the Michigan Compiled Laws, for the solicitation of contributions to be used exclusively for the purposes prescribed by section 9. A contract under this subdivision shall include provisions for at least all of the following:
(i) A reasonable administrative fee not to exceed 10% for contributions obtained by the charitable organization.
(ii) An independent audit of the charitable organization in regard to the solicitation.
(iii) Appropriate bonding by the charitable organization.
(c) Plan, manage, or conduct a campaign to solicit gifts, bequests, grants, or donations of money or property, or pledges of gifts, bequests, grants, or donations.
(2) Money received in the manner described in this section shall be transmitted to the state treasurer for deposit in the trust fund and shall be made available for expenditure as appropriated by the legislature.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982 ;-- Am. 1995, Act 146, Imd. Eff. July 11, 1995
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.609 - Authorization for Disbursement of Trust Fund Money; Purposes; Order of Preference; Limitation.

722.609 Authorization for disbursement of trust fund money; purposes; order of preference; limitation.
Sec. 9.
(1) The state board may authorize the disbursement of available money from the trust fund, upon legislative appropriations, for exclusively the following purposes, which are listed in the order of preference for expenditure:
(a) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
(i) The appropriate local council has reviewed and approved the program. This subparagraph does not apply if a local council does not exist for the geographic area to be served by the program.
(ii) The organization demonstrates an ability to match, through money or in-kind services, 50% of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the state board.
(iii) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance.
(iv) Other conditions that the state board may deem appropriate.
(b) To fund local councils.
(c) To fund the state board created in section 3 for the actual and necessary operating expenses that the board incurs in performing its duties.
(2) Authorizations for disbursement of trust fund money under subsection (1)(c) shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under subsection (1)(a) and (b) to encourage the direct provision of services to prevent child abuse and neglect.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.610 - Grants to Local Council; Criteria.

722.610 Grants to local council; criteria.
Sec. 10.
In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria:
(a) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific geographical area. The prevention program shall utilize trained volunteers and existing community resources wherever practicable.
(b) Is administered by a board of directors composed of an equal number of members from the following 2 groups:
(i) A representative from each of the following local agencies: the county department of social services, the department of public health, the department of mental health, the probate court, the office of the prosecuting attorney, a local law enforcement agency, a school district, and a number of private, local agencies that provide treatment or prevention services for abused and neglected children and their parents or guardians. The number of private agencies to be represented on the local council shall be designated in the bylaws of the local council by the remaining members.
(ii) Members of the local council elected by the membership. The elected members shall represent the demographic composition of the community served, as far as practicable.
(c) Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects.
(d) Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance.
(e) Demonstrates an ability to match, through money or in-kind services, 50% of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the state board.
(f) Other criteria that the state board deems appropriate.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.611 - Rules.

722.611 Rules.
Sec. 11.
Not later than 2 years after the effective date of this act, the state board shall promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.612 - Review of Functions, Responsibilities, and Performance of State Board; Transmittal; Notice.

722.612 Review of functions, responsibilities, and performance of state board; transmittal; notice.
Sec. 12.
A thorough, written review of the functions, responsibilities, and performance of the state board shall be completed by the auditor general each 3 years after the effective date of this act. The review shall be transmitted and notice given in the same manner as provided in section 6(1)(b).
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
Former MCL 722.601 to 722.612, deriving from Ch. 42 of R.S. 1846 and pertaining to maintenance of children born out of wedlock, were repealed by Act 256 of 1964.For transfer of state child abuse and neglect prevention board, which was transferred from the department of management and budget to the department of human services by E.R.O. No. 1992-5, compiled at MCL 722.620, from the department of human services to the department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 250 of 1982 - Child Abuse and Neglect Prevention Act (722.601 - 722.613) › Section 722.613 - Conditional Effective Date.

722.613 Conditional effective date.
Sec. 13.
This act shall not take effect unless the following bills of the 81st Legislature are enacted into law:
(a) House Bill No. 5610.
(b) House Bill No. 5609.
History:
1982, Act 250, Imd. Eff. Sept. 29, 1982
Compiler's Notes:
House Bill No. 5610, referred to in this section, was approved by the Governor on September 29, 1982, and became P.A. 1982, No. 249, Imd. Eff. Sept. 29, 1982. House Bill No. 5609, also referred to in this section, was approved by the Governor on July 2, 1982, and became P.A. 1982, No. 211, Eff. Sept. 29, 1982.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.621 - Short Title.

722.621 Short 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.623a - Knowledge or Suspicion of Alcohol, Controlled Substance, or Metabolite of Controlled Substance in Body of Newborn Infant; Report Required; Exception.

722.623a Knowledge 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.623b - Comprehensive Training Materials; Availability.

722.623b Comprehensive training materials; availability.
Sec. 3b.
(1) The department shall, in consultation with the Michigan domestic and sexual violence prevention and treatment board and the Michigan Coalition to End Domestic and Sexual Violence, create comprehensive training materials for individuals who are required to report suspected child abuse or child neglect under section 3 within 180 days after the effective date of the amendatory act that added this section.
(2) An employer or organization that employs a mandatory reporter must provide the training materials described in subsection (1) to that employee. This subsection does not apply to an employer or organization that provides to an employee its own training that is updated annually based on the department's training materials described in subsection (1).
(3) The department must make the training materials described in subsection (1) publicly available on its website in addition to any other form that the department chooses.
History:
Add. 2023, Act 46, Eff. Sept. 27, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.624 - Persons Permitted to Report Child Abuse or Neglect.

722.624 Persons 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.625 - Identity of Reporting Person; Confidentiality; Disclosure; Immunity; Good Faith Presumed.

722.625 Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.
Sec. 5.
Except for records available under section 7(1)(a), (b), and (n), the identity of a reporting person is confidential subject to disclosure only with the consent of that person or by judicial process. A person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement of 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 ;-- Am. 1998, Act 428, Eff. Apr. 1, 1999 ;-- Am. 2004, Act 563, Imd. Eff. Jan. 3, 2005 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.626 - Detention of Child in Temporary Protective Custody; Preliminary Hearing; Examinations; Report; Medical Evaluation.

722.626 Detention 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627a - Availability of Information, Reports, and Records to Legislature; Disclosure of or Keeping Confidential Information as Misdemeanor.

722.627a Availability 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627c - Release of Information From Child Protective Services Records or Case in Which Child Has Died; Decision by Director; Determination.

722.627c Release 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627d - Release of Information by Director; Preliminary Decision to Release or Deny Information; Extension of Time Period; Evidence.

722.627d Release 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 must 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 child neglect complaint or investigation to which the report or record containing the 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 confirmed 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 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627e - Release of Information by Director; Prohibitions.

722.627e Release 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 child neglect to which the specified information relates is in progress and the report has not been confirmed or not confirmed.
(c) A hearing is pending under section 7j(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 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627f - Release of Information by Director; Preliminary Decision to Release or Deny Request; Notice; Final Decision; Writing; Right to Appeal.

722.627f Release 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627g - Release of Information by Director; Individuals to Be Notified; Wyatt's Law.

722.627g Release of information by director; individuals to be notified; Wyatt's law.
Sec. 7g.
(1) If the director decides to release specified information under section 7d, the department must give each notice required under section 7f to each of the following:
(a) Each person named in the report as a perpetrator or an alleged perpetrator of the child abuse or child neglect, unless the person named in the report has been convicted of a crime relating to the child abuse or child 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 a person 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 must notify only the requesting person.
(3) If a person required to be notified under subsection (1)(a) is named as a perpetrator of child abuse or child neglect in a report that contains specified information requested to be released, and that person was not previously notified under section 7j(3), the department must notify that person as required by section 7j(3) not less than 14 days before the specified information is released. If a person 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 7j are completed. If a person 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 must be followed, and the individual does not have a right to appeal the decision to release.
(4) This section may be cited as "Wyatt's law".
History:
Add. 1998, Act 428, Eff. Apr. 1, 1999 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627h - Appeal of Director's Decision.

722.627h Appeal 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627i - Fee; Federal Assurances and Waivers.

722.627i Fee; 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627k - Death of Child Under Court Jurisdiction; Notification to Legislator and Child Advocate.

722.627k Death of child under court jurisdiction; notification to legislator and child advocate.
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 child advocate.
(2) The department shall notify the child advocate 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 child neglect.
History:
Add. 2011, Act 67, Imd. Eff. June 28, 2011 ;-- Am. 2023, Act 305, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.627l - Statewide Electronic Case Management System; Administrative Review for Expungement.

722.627l Statewide electronic case management system; administrative review for expungement.
Sec. 7l.
(1) An individual who is listed on the central registry before the effective date of the amendatory act that added this section may submit a request to the department for an administrative review for the expungement of the individual's name from the statewide electronic case management system created under section 7j. Within 180 days of receipt of the request for an administrative review under this subsection, the department shall complete the review and notify the individual in writing of the final decision to expunge the individual from the central registry under the statewide electronic case management system created under section 7j or to classify the individual's case as a confirmed case of methamphetamine production, confirmed serious abuse or serious neglect, confirmed sexual abuse, or confirmed sexual exploitation and keep the individual on the central registry in the statewide electronic case management system.
(2) If the department's final decision after the administrative review under subsection (1) is to expunge the individual from the central registry under the statewide electronic case management system created under section 7j, then the department shall notify the director of the department responsible for the licensure of that individual or the director's designee within 45 days of the final decision.
History:
Add. 2022, Act 72, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.628a - Execution of Notices by Prosecuting Attorney of Individuals Bound Over to Circuit Court for Certain Crimes; Notification Upon Final Disposition; Confidentiality.

722.628a Execution 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.
(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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.628b - Referral of Case to Prosecuting Attorney; Review.

722.628b Referral of case to prosecuting attorney; review.
Sec. 8b.
(1) If a case involves a child's death, serious physical harm of a child, or sexual abuse or sexual exploitation of a child, the department must refer the case to the prosecuting attorney for the county in which the child is located. The prosecuting attorney must review the investigation of the case to determine if the 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 must refer the case to the prosecuting attorney for the county in which the child is located. The prosecuting attorney must review the investigation of the case to determine 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 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.628c - Interview With Child.

722.628c Interview 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.628e - Investigation Checklist.

722.628e Investigation 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
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.629 - Multidisciplinary Services; Biennial Report; Continuing Education Programs; Dissemination of Information.

722.629 Multidisciplinary 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