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Act 238 of 1975
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CHILD PROTECTION LAW

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


© 2009 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 722.621SectionShort title.
Section 722.622SectionDefinitions.
Section 722.622.amendedSectionDefinitions.
Section 722.623SectionIndividual 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; pregnancy of or venereal disease in child less than 12 years of age; exposure to or contact with methamphetamine production.
Section 722.623aSectionKnowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.
Section 722.624SectionPersons permitted to report child abuse or neglect.
Section 722.625SectionIdentity of reporting person; confidentiality; disclosure; immunity; good faith presumed.
Section 722.626SectionDetention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.
Section 722.627SectionCentral 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; dissemination of information to pursue sanctions for dereliction of duty by agency employee.
Section 722.627.amendedSectionCentral 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; dissemination of information to pursue sanctions for dereliction of duty by agency employee.
Section 722.627aSectionAvailability of information, reports, and records to legislature; disclosure of or keeping confidential information as misdemeanor.
Section 722.627bSectionChild 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.
Section 722.627cSectionRelease of information from child protective services records or case in which child has died; decision by director; determination.
Section 722.627dSectionRelease of information by director; preliminary decision to release or deny information; extension of time period; evidence.
Section 722.627eSectionRelease of information by director; prohibitions.
Section 722.627fSectionRelease of information by director; preliminary decision to release or deny request; notice; final decision; writing; right to appeal.
Section 722.627gSectionRelease of information by director; individuals to be notified.
Section 722.627hSectionAppeal of director's decision.
Section 722.627iSectionFee; federal assurances and waivers.
Section 722.627jSectionIndividual not named in central registry case as perpetrator of child abuse or neglect; documentation; receipt of central registry clearance information; request; automated systems.
Section 722.627kSectionDeath of child under court jurisdiction; notification to legislator and children's ombudsman.
Section 722.628SectionReferring 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.
Section 722.628aSectionExecution of notices by prosecuting attorney of individuals bound over to circuit court for certain crimes; notification upon final disposition; confidentiality.
Section 722.628bSectionReferral of case to prosecuting attorney; review.
Section 722.628cSectionInterview with child.
Section 722.628dSectionCategories and departmental response; listing in child abuse or neglect registry; report to legislature.
Section 722.628d.amendedSectionCategories and departmental response; listing in child abuse or child neglect registry.
Section 722.628eSectionInvestigation checklist.
Section 722.629SectionMultidisciplinary services; biennial report; continuing education programs; dissemination of information.
Section 722.629aSectionAnnual report.
Section 722.630SectionLawyer-guardian ad litem.
Section 722.631SectionPrivileged communications.
Section 722.632SectionReport to law enforcement officials or probate court.
Section 722.632aSectionInvestigations by hospital, school, or other agency.
Section 722.632bSectionTask 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.
Section 722.633SectionFailure 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 722.634SectionReligious beliefs.
Section 722.635SectionRepeal of MCL 722.571 to 722.575.
Section 722.636SectionEffective date.
Section 722.637SectionSubmission of petition for authorization under MCL 712A.2; exception.
Section 722.638SectionSubmission of petition for authorization under MCL 712A.2; conditions; request for termination of parental rights; conference.