House Introduced Bill 5743

HOUSE BILL No. 5743

May 4, 2000, Introduced by Reps. Kukuk, Scranton, Hart, Birkholz, Julian, Tabor, Mead, Kowall, Pumford, Vander Roest,
Van Woerkom, Howell, DeRossett, Caul, Jelinek, Richardville, Faunce, Bishop, Pappageorge, DeWeese, Geiger, Rick Johnson,
Richner, Voorhees, Rocca, Ruth Johnson, Jansen and Hager and referred to the Committee on Family and Children Services.

A bill to amend 1975 PA 238, entitled

"Child protection law,"

by amending section 7 (MCL 722.627), as amended by 1998 PA 485.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 7. (1) The department shall maintain a statewide,

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electronic central registry to carry out the intent of this act.

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(2) Unless made public as specified information released

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under section 7d, a written report, document, or photograph filed

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with the department as provided in this act is a confidential

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record available only to 1 or more of the following:

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(a) A legally mandated public or private child protective

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agency investigating a report of known or suspected child abuse

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or neglect.

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(b) A police or other law enforcement agency investigating a

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report of known or suspected child abuse or neglect.

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(c) A physician who is treating a child whom the physician

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reasonably suspects may be abused or neglected.

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(d) A person legally authorized to place a child in protec-

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tive custody when the person is confronted with a child whom the

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person reasonably suspects may be abused or neglected and the

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confidential record is necessary to determine whether to place

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the child in protective custody.

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(e) A person, agency, or organization, including a multidis-

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ciplinary case consultation team, authorized to diagnose, care

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for, treat, or supervise a child or family who is the subject of

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a report or record under this act, or who is responsible for the

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child's health or welfare.

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(f) A person named in the report or record as a perpetrator

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or alleged perpetrator of the child abuse or neglect or a victim

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who is an adult at the time of the request, if the identity of

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the reporting person is protected as provided in section 5.

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(g) A court that determines the information is necessary to

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decide an issue before the court.

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(h) A grand jury that determines the information is neces-

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sary in the conduct of the grand jury's official business.

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(i) A person, agency, or organization engaged in a bona fide

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research or evaluation project. The person, agency, or organiza-

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tion shall not release information identifying a person named in

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the report or record unless that person's written consent is

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obtained. The person, agency, or organization shall not conduct

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a personal interview with a family without the family's prior

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consent and shall not disclose information that would identify

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the child or the child's family or other identifying

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information. The department director may authorize the release

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of information to a person, agency, or organization described in

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this subdivision if the release contributes to the purposes of

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this act and the person, agency, or organization has appropriate

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controls to maintain the confidentiality of personally identify-

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ing information for a person named in a report or record made

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under this act.

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(j) A lawyer-guardian ad litem or other attorney appointed

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as provided by section 10.

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(k) A child placing agency licensed under 1973 PA 116, MCL

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722.111 to 722.128, for the purpose of investigating an applicant

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for adoption, a foster care applicant or licensee or an employee

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of a foster care applicant or licensee, an adult member of an

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applicant's or licensee's household, or other persons in a foster

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care or adoptive home who are directly responsible for the care

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and welfare of children, to determine suitability of a home for

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adoption or foster care. The child placing agency shall disclose

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the information to a foster care applicant or licensee under 1973

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PA 116, MCL 722.111 to 722.128, or to an applicant for adoption.

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(l) Juvenile court staff authorized by the court to investi-

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gate foster care applicants and licensees, employees of foster

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care applicants and licensees, adult members of the applicant's

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or licensee's household, and other persons in the home who are

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directly responsible for the care and welfare of children, for

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the purpose of determining the suitability of the home for foster

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care. The court shall disclose this information to the applicant

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or licensee.

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(m) Subject to section 7a, a standing or select committee or

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appropriations subcommittee of either house of the legislature

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having jurisdiction over protective services matters for

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children.

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(n) The children's ombudsman appointed under the children's

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ombudsman act, 1994 PA 204, MCL 722.921 to 722.935.

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(o) A child fatality review team established under section

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7b and authorized under that section to investigate and review a

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child death.

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(p) A county medical examiner or deputy county medical

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examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for

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the purpose of carrying out his or her duties under that act.

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(Q) A PERSON REQUESTING A CENTRAL REGISTRY CHECK FOR A

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RECORD OF A CENTRAL REGISTRY CASE UNDER THE CHILD-RELATED EMPLOY-

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MENT BACKGROUND CHECK ACT, TO THE EXTENT PROVIDED IN THAT ACT.

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(3) A person or entity to whom information described in sub-

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section (2) is disclosed shall make the information available

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only to a person or entity described in subsection (2). This

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subsection does not require a court proceeding to be closed that

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otherwise would be open to the public.

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(4) If the department classifies a report of suspected child

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abuse or neglect as a central registry case, the department shall

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maintain a record in the central registry and, within 30 days

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after the classification, shall notify in writing each individual

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who is named in the record as a perpetrator of the child abuse

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or neglect. The notice shall set forth the individual's right to

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request expunction of the record and the right to a hearing if

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the department refuses the request. The notice shall state that

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the record may be released under section 7d. The notice shall

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not identify the person reporting the suspected child abuse or

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neglect.

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(5) A person who is the subject of a report or record made

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under this act may request the department to amend an inaccurate

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report or record from the central registry and local office

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file. A person who is the subject of a report or record made

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under this act may request the department to expunge from the

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central registry a report or record in which no relevant and

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accurate evidence of abuse or neglect is found to exist. A

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report or record filed in a local office file is not subject to

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expunction except as the department authorizes, when considered

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in the best interest of the child.

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(6) If the department refuses a request for amendment or

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expunction under subsection (5), or fails to act within 30 days

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after receiving the request, the department shall hold a hearing

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to determine by a preponderance of the evidence whether the

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report or record in whole or in part should be amended or

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expunged from the central registry on the grounds that the report

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or record is not relevant or accurate evidence of abuse or

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neglect. The hearing shall be before a hearing officer appointed

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by the department and shall be conducted as prescribed by the

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administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

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24.328.

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(7) If the investigation of a report conducted under this

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act fails to disclose evidence of abuse or neglect, the informa-

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tion identifying the subject of the report shall be expunged from

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the central registry. If evidence of abuse or neglect exists,

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the department shall maintain the information in the central reg-

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istry until the department receives reliable information that the

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individual alleged to have perpetrated the abuse or neglect is

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dead.

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(8) In releasing information under this act, the department

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shall not include a report compiled by a police agency or other

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law enforcement agency related to an investigation of suspected

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child abuse or neglect. This subsection does not prevent the

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department from including reports of convictions of crimes

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related to child abuse or neglect.

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Enacting section 1. This amendatory act takes effect

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September 1, 1999.

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Enacting section 2. This amendatory act does not take

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effect unless Senate Bill No. _____ or House Bill No. 5741

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(request no. 02221'99*) of the 90th Legislature is enacted into

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law.

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