Michigan Compiled Laws Act 238 Of 1975 Child Protection Law (722.621 - 722.638)

AN ACT to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts.

History: 1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 1988, Act 372, Eff. Mar. 30, 1989

Section 722.621 Short Title.
This act shall be known and may be cited as the “child protection law”. History: 1975, Act 238, Eff. Oct. 1, 1975
Section 722.622 Definitions.
As used in this act: (a) "Adult foster care location authorized to care for a child" means an adult foster care family home or...
Section 722.623 Individual Required To Report Child Abuse Or Neglect; Written Report; Contents; Transmitting Report To County Department; Copies To Prosecuting Attorney And Probate Court; Conditions Requiring Transmission Of Report To Law Enforcement Agency; Pregnancy Of Or Venereal Disease In Child Less Than 12 Years Of Age; Exposure To Or Contact With Methamphetamine Production.
(1) An individual is required to report under this act as follows: (a) A physician, dentist, physician's assistant, registered dental hygienist, medical examiner, nurse,...
Section 722.623a Knowledge Or Suspicion Of Alcohol, Controlled Substance, Or Metabolite Of Controlled Substance In Body Of Newborn Infant; Report Required; Exception.
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)...
Section 722.624 Persons Permitted To Report Child Abuse Or Neglect.
In addition to those persons required to report child abuse or neglect under section 3, any person, including a child, who has reasonable cause...
Section 722.625 Identity Of Reporting Person; Confidentiality; Disclosure; Immunity; Good Faith Presumed.
Except for records available under section 7(2)(a), (b), and (n), the identity of a reporting person is confidential subject to disclosure only with the...
Section 722.626 Detention Of Child In Temporary Protective Custody; Preliminary Hearing; Examinations; Report; Medical Evaluation.
(1) If a child suspected of being abused or neglected is admitted to a hospital or brought to a hospital for outpatient services and...
Section 722.627 Central Registry; Availability Of Confidential Records; Closed Court Proceeding Not Required; Notice To Person Named In Record; Amending Or Expunging Certain Reports And Records; Hearing; Evidence; Release Of Reports Compiled By Law Enforcement Agency; Information Obtained By Citizen Review Panel; Release Or Inspection Of Documents, Reports, Or Records From Another Agency Or Organization.
(1) The department shall maintain a statewide, electronic central registry to carry out the intent of this act. (2) Unless made public as specified...
Section 722.627a Availability Of Information, Reports, And Records To Legislature; Disclosure Of Or Keeping Confidential Information As Misdemeanor.
(1) The department shall make information contained in the central registry and reports and records made pursuant to this act available to a standing...
Section 722.627b Child Fatality Review Team; Membership; Review Of Child Fatality; Training And Orientation; Creation Of Advisory Committee; Review By Citizen Review Panel; Annual Report; Transmission Of Report To Governor And Legislature; Disclosure Of Information; Member Of Review Team As Member For Purposes Of Mcl 691.1407; Registry Of Statistical Information Regarding Children's Deaths.
(1) Each county may have in place a standing child fatality review team. Two or more counties may appoint a single child fatality review...
Section 722.627c Release Of Information From Child Protective Services Records Or Case In Which Child Has Died; Decision By Director; Determination.
(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...
Section 722.627d Release Of Information By Director; Preliminary Decision To Release Or Deny Information; Extension Of Time Period; Evidence.
(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...
Section 722.627e Release Of Information By Director; Prohibitions.
(1) The director shall not deny a request for specified information under section 7d based upon a desire to shield a lack of or...
Section 722.627f Release Of Information By Director; Preliminary Decision To Release Or Deny Request; Notice; Final Decision; Writing; Right To Appeal.
(1) Not less than 14 days before specified information is released or within 14 days after making a decision to deny a request for...
Section 722.627g Release Of Information By Director; Individuals To Be Notified.
(1) If the director decides to release specified information under section 7d, the department shall give each notice required under section 7f to each...
Section 722.627h Appeal Of Director's Decision.
(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 722.627i Fee; Federal Assurances And Waivers.
(1) The department may charge a fee for a copy of specified information released under section 7d in the same manner that a public...
Section 722.627j Individual Not Named In Central Registry Case As Perpetrator Of Child Abuse Or Neglect; Documentation; Receipt Of Central Registry Clearance Information; Request; Automated Systems.
(1) Upon written request, the department may provide to an individual, or whoever is appropriate, documentation stating that the individual is not named in...
Section 722.627k Death Of Child Under Court Jurisdiction; Notification To Legislator And Children's Ombudsman.
(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...
Section 722.628 Referring Report Or Commencing Investigation; Informing Parent Or Legal Guardian Of Investigation; Duties Of Department; Assistance Of And Cooperation With Law Enforcement Officials; Procedures; Procedures By Prosecuting Attorney; Cooperation Of School Or Other Institution; Information As To Disposition Of Report; Exception To Reporting Requirement; Surrender Of Newborn; Training Of Employees In Rights Of Children And Families; Determination Of Open Friend Of The Court Case.
(1) Within 24 hours after receiving a report made under this act, the department shall refer the report to the prosecuting attorney and the...
Section 722.628a Execution Of Notices By Prosecuting Attorney Of Individuals Bound Over To Circuit Court For Certain Crimes; Notification Upon Final Disposition; Confidentiality.
(1) If an individual is bound over to circuit court for any of the following crimes, the prosecuting attorney shall execute the notices as...
Section 722.628b Referral Of Case To Prosecuting Attorney; Review.
(1) If a central registry case involves a child's death, serious physical injury of a child, or sexual abuse or exploitation of a child,...
Section 722.628c Interview With Child.
During an investigation of suspected child abuse or neglect, the child reported to have been abused or neglected shall not be interviewed in the...
Section 722.628d Categories And Departmental Response; Listing In Child Abuse Or Child Neglect Registry.
(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...
Section 722.628e Investigation Checklist.
(1) The department shall implement an investigation checklist to be used in each investigation of suspected abuse and neglect handled by the department. (2)...
Section 722.629 Multidisciplinary Services; Biennial Report; Continuing Education Programs; Dissemination Of Information.
(1) The department, in discharging its responsibilities under this act, shall provide, directly or through the purchase of services from other agencies and professions,...
Section 722.629a Annual Report.
The agency within the department that is responsible for administering and providing services under this act shall make an annual comprehensive report to the...
Section 722.630 Lawyer-guardian Ad Litem.
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...
Section 722.631 Privileged Communications.
Any legally recognized privileged communication except that between attorney and client or that made to a member of the clergy in his or her...
Section 722.632 Report To Law Enforcement Officials Or Probate Court.
This act shall not prohibit a person who has reasonable cause to suspect child abuse or neglect from making a report to the appropriate...
Section 722.632a Investigations By Hospital, School, Or Other Agency.
This act does not preclude or hinder a hospital, school, or other agency from investigating reported claims of child abuse or neglect by its...
Section 722.632b Task Force On Prevention Of Sexual Abuse Of Children; Creation; Appointment; Qualifications; Officer; Meetings; Recommendations; Consultation; Compensation; Abolishment; Child Excused From Participating In Information-gathering Efforts.
(1) The task force on the prevention of sexual abuse of children is created within the department. (2) The governor shall appoint members to...
Section 722.633 Failure To Report Suspected Child Abuse Or Neglect; Damages; Violation As Misdemeanor; Unauthorized Dissemination Of Information As Misdemeanor; Civil Liability; Maintaining Report Or Record Required To Be Expunged As Misdemeanor; False Report Of Child Abuse Or Neglect.
(1) A person who is required by this act to report an instance of suspected child abuse or neglect and who fails to do...
Section 722.634 Religious Beliefs.
A parent or guardian legitimately practicing his religious beliefs who thereby does not provide specified medical treatment for a child, for that reason alone...
Section 722.635 Repeal Of Mcl 722.571 To 722.575.
Act No. 98 of the Public Acts of 1964, being sections 722.571 to 722.575 of the Compiled Laws of 1970, is repealed. History: 1975,...
Section 722.636 Effective Date.
This act shall take effect October 1, 1975. History: 1975, Act 238, Eff. Oct. 1, 1975
Section 722.637 Submission Of Petition For Authorization Under Mcl 712a.2; Exception.
(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 722.638 Submission Of Petition For Authorization Under Mcl 712a.2; Conditions; Request For Termination Of Parental Rights; Conference.
(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,...

Last modified: October 10, 2016