Title 722, CHILDREN

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 susp…

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.

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 inves…

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 shal…

Sec. 7. (1) 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 p…

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…

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 m…

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) …

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…

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…

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 prelimi…

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 ch…

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…

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 n…

Sec. 7j. (1) The department must maintain a statewide, electronic case management system to carry out the intent of this act. The department may enter into vendor contracts that it considers necessary and proper for implementation, review, and update of the electronic case manage…

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 j…

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 …

Sec. 8. (1) Within 24 hours after receiving a report made under this act, the department must 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 must co…

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…

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 …

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.

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 ev…

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 subsecti…

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 n…

Sec. 9a. The agency within the department that is responsible for administering and providing services under this act must 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…

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 f…

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 e…

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.

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.

Sec. 12b. (1) The task force on the prevention of sexual abuse of children is created within the department. (2) The governor shall appoint members to the task force in consultation with the department. The appointment of members must reflect the geographic diversity of this stat…

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 chil…

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 th…

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.

Sec. 16. This act shall take effect October 1, 1975.

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 sh…

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 …