2006 Michigan Compiled Laws - Act 238 of 1975


Act 238 of 1975

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

The People of the State of Michigan enact:

Section 722.621Short title.
Section 722.622Definitions.
Section 722.623Individual required to report child abuse or neglect; written report; transmitting report to county department; copies to prosecuting attorney and probate court; conditions requiring transmission of report to law enforcement agency; exposure to or contact with methamphetamine production; pregnancy of or venereal disease in child less than 12 years of age.
Section 722.623aKnowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.
Section 722.624Persons permitted to report child abuse or neglect.
Section 722.625Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.
Section 722.626Detention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.
Section 722.627Central registry; availability of confidential records; closed court proceeding not required; notice to individuals; amending or expunging certain reports and records; hearing; evidence; release of reports compiled by law enforcement agency; information obtained by citizen review panel.
Section 722.627aAvailability of information, reports, and records to legislature; disclosure of or keeping confidential information as misdemeanor.
Section 722.627bChild fatality review team; membership; review of child fatality; training and orientation; creation of advisory committee; publication of annual report; transmission of report to governor and legislature; disclosure of information; member of review team as member for purposes of § 691.1407.
Section 722.627cRelease of information from child protective services records or case in which child has died; decision by director; determination.
Section 722.627dRelease of information by director; preliminary decision to release or deny information; extension of time period; evidence.
Section 722.627eRelease of information by director; prohibitions.
Section 722.627fRelease of information by director; preliminary decision to release or deny request; notice; final decision; writing; right to appeal.
Section 722.627gRelease of information by director; individuals to be notified.
Section 722.627hAppeal of director's decision.
Section 722.627iFee; federal assurances and waivers.
Section 722.627jIndividual not named in central registry case as perpetrator of child abuse or neglect; documentation; request; automated system; definitions.
Section 722.628Referring report or commencing investigation; informing parent or legal guardian of investigation; duties of department; assistance of and cooperation with law enforcement officials; procedures; proceedings 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.
Section 722.628aExecution of notices by prosecuting attorney of individuals bound over to circuit court for certain crimes; notification upon final disposition; confidentiality.
Section 722.628bReferral of case to prosecuting attorney; review.
Section 722.628cInterview with child.
Section 722.628dCategories and departmental response; listing in child abuse or neglect registry; report to legislature.
Section 722.629Multidisciplinary services; biennial report; continuing education programs; dissemination of information.
Section 722.629aAnnual report.
Section 722.630Lawyer-guardian ad litem.
Section 722.631Privileged communications.
Section 722.632Report to law enforcement officials or probate court.
Section 722.632aInvestigations by hospital, school, or other agency.
Section 722.633Failure 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.
Section 722.634Religious beliefs.
Section 722.635Repeal of §§ 722.571 to 722.575.
Section 722.636Effective date.
Section 722.637Submission of petition for authorization under MCL 712A.2.
Section 722.638Submission of petition for authorization under § 712A.2; conditions; request for termination of parental rights; conference.

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