HOUSE BILL No. 6034 September 15, 1998, Introduced by Rep. Gire and referred to the Committee on Human Services and Children. A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1997 PA 168. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7. (1) The department shall maintain a statewide, 2 electronic central registry to carry out the intent of this act. 3 A written report, document, or photograph filed with the depart- 4 ment as provided in this act is a confidential record available 5 only to 1 or more of the following: 6 (a) A legally mandated public or private child protective 7 agency investigating a report of known or suspected child abuse 8 or neglect. 9 (b) A police or other law enforcement agency investigating a 10 report of known or suspected child abuse or neglect. 06628'98 GWH 2 1 (c) A physician who is treating a child whom the physician 2 reasonably suspects may be abused or neglected. 3 (d) A person legally authorized to place a child in protec- 4 tive custody when the person is confronted with a child whom the 5 person reasonably suspects may be abused or neglected and the 6 confidential record is necessary to determine whether to place 7 the child in protective custody. 8 (e) A person, agency, or organization, including a multidis- 9 ciplinary case consultation team, authorized to diagnose, care 10 for, treat, or supervise a child or family who is the subject of 11 a report or record under this act, or who is responsible for the 12 child's health or welfare. 13 (f) A person named in the report or record, if the identity 14 of the reporting person is protected as provided in section 5. 15 (g) A court that determines the information is necessary to 16 decide an issue before the court. 17 (h) A grand jury that determines the information is neces- 18 sary in the conduct of the grand jury's official business. 19 (i) A person, agency, or organization engaged in a bona fide 20 research or evaluation project. The person, agency, or organiza- 21 tion shall not release information identifying a person named in 22 the report or record unless that person's written consent is 23 obtained. The person, agency, or organization shall not conduct 24 a personal interview with a family without the family's prior 25 consent and shall not disclose information that would identify 26 the child or the child's family or other identifying 27 information. The department director may authorize the release 06628'98 3 1 of information to a person, agency, or organization described in 2 this subdivision if the release contributes to the purposes of 3 this act and the person, agency, or organization has appropriate 4 controls to maintain the confidentiality of personally identify- 5 ing information for a person named in a report or record made 6 under this act. 7 (j) A person appointed as legal counsel as prescribed in 8 section 10. 9 (k) A child placing agency licensed under 1973 PA 116, MCL 10 722.111 to 722.128, for the purpose of investigating an applicant 11 for adoption, a foster care applicant or licensee or an employee 12 of a foster care applicant or licensee, an adult member of an 13 applicant's or licensee's household, or other persons in a foster 14 care or adoptive home who are directly responsible for the care 15 and welfare of children, to determine suitability of a home for 16 adoption or foster care. The child placing agency shall disclose 17 the information to a foster care applicant or licensee under 1973 18 PA 116, MCL 722.111 to 722.128, or to an applicant for adoption. 19 (l) Juvenile court staff authorized by the court to investi- 20 gate foster care applicants and licensees, employees of foster 21 care applicants and licensees, adult members of the applicant's 22 or licensee's household, and other persons in the home who are 23 directly responsible for the care and welfare of children, for 24 the purpose of determining the suitability of the home for foster 25 care. The court shall disclose this information to the applicant 26 or licensee. 06628'98 4 1 (m) Subject to section 7a, a standing or select committee or 2 appropriations subcommittee of either house of the legislature 3 having jurisdiction over protective services matters for 4 children. 5 (n) The children's ombudsman appointed under the children's 6 ombudsman act, 1994 PA 204, MCL 722.921 to 722.935. 7 (o) A child fatality review team established under section 8 7b and authorized under that section to investigate and review a 9childCHILD'S death. 10 (p) A county medical examiner or deputy county medical 11 examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for 12 the purpose of carrying out his or her duties under that act. 13 (2) A person or entity to whom information described in sub- 14 section (1) is disclosed shall make the information available 15 only to a person or entity described in subsection (1). This 16 subsection does not require a court proceeding to be closed that 17 otherwise would be open to the public. 18 (3) If a report of suspected child abuse or neglect is sub- 19 stantiated, the department shall maintain a record in the central 20 registry and, within 30 days after the substantiation, shall 21 notify in writing each individual who is named in the record as a 22 perpetrator of the child abuse or neglect. The notice shall set 23 forth the individual's right to request expunction of the record 24 and the right to a hearing if the department refuses the 25 request. The notice shall not identify the person reporting the 26 suspected child abuse or neglect. 06628'98 5 1 (4) A person who is the subject of a report or record made 2 under this act may request the department to amend an inaccurate 3 report or record from the central registry and local office 4 file. A person who is the subject of a report or record made 5 under this act may request the department to expunge from the 6 central registry a report or record in which no relevant and 7 accurate evidence of abuse or neglect is found to exist. A 8 report or record filed in a local office file is not subject to 9 expunction except as the department authorizes, when considered 10 in the best interest of the child. 11 (5) If the department refuses a request for amendment or 12 expunction under subsection (4), or fails to act within 30 days 13 after receiving the request as required under subsection (4), the 14 department shall hold a hearing to determine by a preponderance 15 of the evidence whether the report or record in whole or in part 16 should be amended or expunged from the central registry on the 17 grounds that the report or record is not relevant or accurate 18 evidence of abuse or neglect. The hearing shall be before a 19 hearing officer appointed by the department and shall be con- 20 ductedpursuant toAS PRESCRIBED BY the administrative proce- 21 dures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 22 (6) If the investigation of a report conducted under this 23 act fails to disclose evidence of abuse or neglect, the informa- 24 tion identifying the subject of the report shall be expunged from 25 the central registry. If evidence of abuse or neglect exists, 26 THE DEPARTMENT SHALL MAINTAIN the informationidentifying the27subject of the report shall be expunged when the child alleged to06628'98 6 1be abused or neglected reaches the age of 18, or 10 years after2the report is received by the department, whichever occurs later3 IN THE CENTRAL REGISTRY. 4 (7) In releasing information under this act, the department 5 shall not include a report compiled by a police agency or other 6 law enforcement agency related to an investigation of suspected 7 child abuse or neglect. This subsection does not prevent the 8 department from including reports of convictions of crimes 9 related to child abuse or neglect. 06628'98 Final page. GWH