HB-5338, As Passed House, September 16, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5338

A bill to amend 1975 PA 238, entitled

"Child protection law,"

by amending section 7 (MCL 722.627), as amended by 2014 PA 30.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

child 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 child neglect.

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 child 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 for the purposes of determining the suitability of

a person as a guardian of a minor or that otherwise determines that

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

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 child 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 child

neglect. The notice shall be sent by registered or certified mail,

return receipt requested, and delivery restricted to the addressee.

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 child 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 by requesting a hearing under subsection (6). 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) A person who is the subject of a report or record made

under this act may, within 180 days from the date of service of

notice of the right to a hearing, request the department hold a

hearing to review the request for amendment or expunction. If the

hearing request is made within 180 days of the notice, 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. 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. The department may, for good cause, hold a hearing under

this subsection if the department determines that the person who is

the subject of the report or record submitted the request for a

hearing within 60 days after the 180-day notice period expired.

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

does not show child abuse or child neglect by a preponderance of

evidence, or if a court dismisses a petition based on the merits of

the petition filed under section 2(b) of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.2, because the

petitioner has failed to establish that the child comes within the

jurisdiction of the court, the information identifying the subject

of the report shall be expunged from the central registry. If a

preponderance of evidence of child abuse or child neglect exists,

or if a court takes jurisdiction of the child under section 2(b) of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,

the department shall maintain the information in the central

registry as follows:

(a) Except as provided in subdivision (b), for a person listed

as a perpetrator in category I or II under section 8d, either as a

result of an investigation or as a result of the reclassification

of a case, the department shall maintain the information in the

central registry for 10 years.

(b) For a person listed as a perpetrator in category I or II

under section 8d that involved any of the circumstances listed in

section 17(1) or 18(1), the department shall maintain the

information in the central registry until the department receives

reliable information that the perpetrator of the child abuse or

child neglect is dead. For the purpose of this subdivision,

"reliable information" includes, but is not limited to, information

obtained using the United States social security death index

database.

under this act before the effective date of the amendatory act that

added this subdivision, the following applies:

(i) Except as provided in subparagraph (ii), for a person listed

as perpetrator in category I or II under section 8d either as a

result of an investigation or as a result of the reclassification

of a case, the department may remove the information for a person

described in this subparagraph after 10 years without a request for

amendment or expunction.

(ii) For a person listed as a perpetrator in category I or II

under section 8d that involved any of the circumstances listed in

section 17(1) or 18(1), the department shall maintain the

information in the central registry until the department receives

reliable information that the perpetrator of the child abuse or

child neglect is dead. For the purpose of this subparagraph,

"reliable information" includes, but is not limited to, information

obtained using the United States social security death index

database.

(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 child neglect. This subsection does not prevent the

department from releasing reports of convictions of crimes related

to child abuse or child 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.

(11) Documents, reports, or records authored by or obtained

from another agency or organization shall not be released or open

for inspection under subsection (2) unless required by other state

or federal law, in response to an order issued by a judge,

magistrate, or other authorized judicial officer, or unless the

documents, reports, or records are requested for a child abuse or

child neglect case or for a criminal investigation of a child abuse

or child neglect case conducted by law enforcement.