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SB-626, As Passed Senate, April 21, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 626
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending sections 2, 7j, and 8 (MCL 722.622, 722.627j, and
722.628), section 2 as amended by 2022 PA 67, section 7j as amended
by 2022 PA 64, and section 8 as amended by 2022 PA 65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act: 1
(a) "Adult foster care location authorized to care for a 2
child" means an adult foster care family home or adult foster care 3
small group home as those terms are defined in section 3 of the 4
adult foster care facility licensing act, 1979 PA 218, MCL 400.703, 5
in which a child is placed in accordance with section 5 of 1973 PA 6
116, MCL 722.115. 7
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(b) "Attorney" means, if appointed to represent a child under 1
the provisions referenced in section 10, an attorney serving as the 2
child's legal advocate in the manner defined and described in 3
section 13a of chapter XIIA of the probate code of 1939, 1939 PA 4
288, MCL 712A.13a. 5
(c) "Central registry" means a repository of names of 6
individuals who are identified as perpetrators related to a central 7
registry case in the department's statewide electronic case 8
management system. 9
(d) "Central registry case" means the department confirmed 10
that a person responsible for the child's health or welfare 11
committed serious abuse or neglect, sexual abuse, or sexual 12
exploitation of a child, or allowed a child to be exposed to or 13
have contact with methamphetamine production. 14
(e) "Centralized intake" means the department's statewide 15
centralized processing center for reports of suspected child abuse 16
and child neglect. 17
(f) "Child" means an individual under who is less than 18 18
years of age. 19
(g) "Child abuse" means harm or threatened harm to a child's 20
health or welfare that occurs through nonaccidental physical or 21
mental injury, sexual abuse, sexual exploitation, or maltreatment, 22
by a parent, a legal guardian, any other person responsible for the 23
child's health or welfare, a teacher, a teacher's aide, a member of 24
the clergy, or an individual 18 years of age or older who is 25
involved with a youth program. 26
(h) "Child care organization" means that term as defined in 27
section 1 of 1973 PA 116, MCL 722.111. 28
(i) "Child care provider" means an owner, operator, employee, 29
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or volunteer of a child care organization or of an adult foster 1
care location authorized to care for a child. 2
(j) "Child care regulatory agency" means the department of 3
licensing and regulatory affairs, the department's division of 4
child welfare licensing, the department of lifelong education, 5
advancement, and potential, or a successor state department that is 6
responsible for the licensing or registration of child care 7
organizations or the licensing of adult foster care locations 8
authorized to care for a child. 9
(k) "Child neglect" means harm or threatened harm to a child's 10
health or welfare by a parent, legal guardian, or any other person 11
responsible for the child's health or welfare that occurs through 12
either of the following: 13
(i) Negligent treatment, including the failure to provide 14
adequate food, clothing, shelter, or medical care, though 15
financially able to do so, or by the failure to seek financial or 16
other reasonable means to provide adequate food, clothing, shelter, 17
or medical care. 18
(ii) Placing a child at an unreasonable risk to the child's 19
health or welfare by failure of the parent, legal guardian, or 20
other person responsible for the child's health or welfare to 21
intervene to eliminate that risk when that person is able to do so 22
and has, or should have, knowledge of the risk. 23
(l) "Children's advocacy center" means an entity accredited as 24
a child advocacy center by the National Children's Alliance or its 25
successor agency or an entity granted associate or developing 26
membership status by the National Children's Alliance or its 27
successor agency. 28
(m) "Citizen review panel" means a panel established as 29
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required by section 5106a of the child abuse prevention and 1
treatment act, 42 USC 5106a. 2
(n) "Confirmed case" means the department has determined, by a 3
preponderance of evidence, that child abuse or child neglect 4
occurred by a person responsible for the child's health, welfare, 5
or care. 6
(o) "Confirmed case of methamphetamine production" means a 7
confirmed case that involved a child's exposure or contact with 8
methamphetamine production. 9
(p) "Confirmed serious abuse or neglect" means a confirmed 10
case of mental injury or physical injury or neglect to a child that 11
involves any of the following: 12
(i) Battering, torture, or other serious physical harm. 13
(ii) Loss or serious impairment of an organ or limb. 14
(iii) Life-threatening injury. 15
(iv) Murder, or attempted murder, manslaughter, or the death of 16
a child. 17
(v) Serious mental harm. 18
(vi) Sexual abuse. 19
(q) "Confirmed sexual abuse" means a confirmed case that 20
involves sexual penetration , or sexual contact , attempted sexual 21
penetration, or assault with intent to penetrate as those terms are 22
defined in section 520a of the Michigan penal code, 1931 PA 328, 23
MCL 750.520a, attempted sexual penetration, assault with intent to 24
penetrate, or other sexual abuse. 25
(r) "Confirmed sexual exploitation" means a confirmed case 26
that involves allowing, permitting, or encouraging a child to 27
engage in prostitution, or allowing, permitting, encouraging, or 28
engaging in the photographing, filming, or depicting of a child 29
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engaged in a listed sexual act as that term is defined in section 1
145c of the Michigan penal code, 1931 PA 328, MCL 750.145c. 2
(s) "Controlled substance" means that term as defined in 3
section 7104 of the public health code, 1978 PA 368, MCL 333.7104. 4
(t) "Department" means the department of health and human 5
services. 6
(u) "Director" means the director of the department. 7
(v) "Electronic case management system" means the child 8
protective service information system, that which is an internal 9
data system maintained within and by the department. 10
(w) "Expunge" means to physically remove or eliminate and 11
destroy a record or report. 12
(x) "Lawyer-guardian ad litem" means an attorney appointed 13
under section 10 who has the powers and duties referenced by in 14
section 10. 15
(y) "Local office file" means the system used to keep a record 16
of a written report, document, or photograph filed with and 17
maintained by a county or a regionally based office of the 18
department. 19
(z) "Member of the clergy" means a priest, minister, rabbi, 20
Christian science Science practitioner, spiritual leader, or other 21
religious practitioner, or similar functionary of a church, temple, 22
spiritual community, or recognized religious body, denomination, or 23
organization. 24
(aa) "Nonparent adult" means a person who is an individual 18 25
years of age or older and who, regardless of the person's 26
individual's domicile, meets all of the following criteria in 27
relation to a child: 28
(i) Has substantial and regular contact with the child. 29
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(ii) Has a close personal relationship with the child's parent 1
or with a person responsible for the child's health or welfare. 2
(iii) Is not the child's parent or a person an individual 3
otherwise related to the child by blood or affinity to the third 4
degree. 5
(bb) "Online reporting system" means the electronic system 6
established by the department for individuals identified in section 7
3(1) to report suspected child abuse or child neglect. 8
(cc) "Person responsible for the child's health or welfare" 9
means a parent, legal guardian, individual 18 years of age or older 10
who resides for any length of time in the same home in which the 11
child resides, or, except when used in section 7(1)(e) or 8(8), 12
nonparent adult; or an owner, operator, volunteer, or employee of 1 13
or more of the following: 14
(i) A licensed or registered child care organization. 15
(ii) A licensed or unlicensed adult foster care family home or 16
adult foster care small group home as those terms are defined in 17
section 3 of the adult foster care facility licensing act, 1979 PA 18
218, MCL 400.703. 19
(iii) A court-operated facility as approved under section 14 of 20
the social welfare act, 1939 PA 280, MCL 400.14. 21
(dd) "Relevant evidence" means evidence having a tendency to 22
make the existence of a fact that is at issue more probable than it 23
would be without the evidence. 24
(ee) "Serious mental harm" and "serious physical harm" mean 25
those terms as defined in section 136b of the Michigan penal code, 26
1931 PA 328, MCL 750.136b. 27
(ff) "Specified information" means information in a children's 28
protective services case record related specifically to the 29
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department's actions in responding to a complaint of child abuse or 1
child neglect. Specified information does not include any of the 2
following: 3
(i) Except as provided in this subparagraph regarding a 4
perpetrator of child abuse or child neglect, personal 5
identification information for any individual identified in a child 6
protective services record. The exclusion of personal 7
identification information as specified information prescribed by 8
this subparagraph does not include personal identification 9
information identifying an individual alleged to have perpetrated 10
child abuse or child neglect, which allegation has been classified 11
as a central registry case. 12
(ii) Information in a police agency report or other law 13
enforcement agency report as provided in section 7(3). 14
(iii) Any other information that is specifically designated as 15
confidential under other law. 16
(iv) Any information not related to the department's actions in 17
responding to a report of child abuse or child neglect. 18
(gg) "Structured decision-making tool" means the department 19
document labeled "DSS-4752 (P3) (3-95)" or a revision of that 20
document that better measures the risk of future harm to a child. 21
(hh) "Substantiated" means a confirmed case. 22
(ii) "Unsubstantiated" means a case that is not confirmed. 23
(jj) "Youth program" means an event or activity that is 24
designed for the participation of minors; is supervised by an 25
employee of, or volunteer for, the event or activity; and does not 26
take place in the presence of the minors' parents or legal 27
guardians. 28
Sec. 7j. (1) The department must shall maintain a statewide, 29
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electronic case management system to carry out the intent of this 1
act. The department may enter into vendor contracts that it 2
considers necessary and proper for implementation, review, and 3
update of the electronic case management system. The department 4
must solicit proposals from entities to provide the services 5
necessary to implement, review, and update the electronic case 6
management system. 7
(2) The department must shall classify a confirmed case of 8
methamphetamine production, confirmed serious abuse or neglect, 9
confirmed sexual abuse, or confirmed sexual exploitation, as a 10
central registry case. 11
(3) In addition to a case classified under subsection (2), a 12
court in this state entering an order of conviction for a violation 13
of section 136b of the Michigan penal code, 1931 PA 328, MCL 14
750.136b, a conviction for a violation of chapter LXXVI of the 15
Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520o, 16
involving a minor victim, a conviction for a violation of section 17
145c of the Michigan penal code, 1931 PA 328, MCL 750.145c, and any 18
conviction involving the death of a child must request that the 19
conviction be classified as a central registry case by the 20
department. The department, with cooperation from the state court 21
administrative office, must promulgate rules to regulate this 22
referral process. 23
(4) At any time, an individual who has been placed on the 24
central registry under subsection (3) may request, and the court 25
shall request, an individual's name be removed from the central 26
registry upon the individual prevailing in a motion to the 27
convicting court for either of the following reasons: 28
(a) The individual was not convicted of an offense listed 29
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under this section. 1
(b) Demonstrating that the individual's conviction of the 2
offense that caused the individual to be placed on the central 3
registry has been expunged. 4
(5) Not more than once every 10 years after an individual has 5
been placed on the central registry under subsection (3), the 6
individual may make a motion to the convicting court to request 7
removal from the central registry. In a hearing on this motion, the 8
individual is presumed to be a risk to children, and the burden is 9
on the individual requesting to be removed from the central 10
registry. If the individual demonstrates that the presumption is 11
unreasonable, the court shall request that the department remove 12
the individual from the central registry. 13
(6) Within 30 days after the classification of a central 14
registry case, the department must shall notify in writing each 15
person who is named in the record as a perpetrator of the confirmed 16
serious abuse or neglect, confirmed sexual abuse, confirmed sexual 17
exploitation, or confirmed case of methamphetamine production. The 18
notice requirements include all of the following: 19
(a) The notice must be sent by registered or certified mail, 20
return receipt requested, and delivery restricted to the addressee. 21
(b) The notice must set forth the person's right to request 22
expunction of the record and the right to a hearing if the 23
department refuses the request. 24
(c) The notice must state that the record may be released 25
under section 7d. 26
(d) The notice must not identify the person reporting the 27
suspected child abuse or child neglect. 28
(7) An individual who is the subject of a report or record 29
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made under this section may request the department to amend an 1
inaccurate report or record from the central registry and local 2
office file. This subsection does not apply to an individual for 3
which the court has entered an order of conviction described in 4
subsection (3). 5
(8) If the department denies the individual's request to amend 6
a report or record under subsection (7), an the individual who is 7
the subject of a report or record made under this section may, 8
within 180 days from the date of service of notice of the right to 9
a hearing, request the department hold a hearing to review the 10
request for amendment. This subsection does not apply to an 11
individual for which the court has entered an order of conviction 12
described in subsection (3). 13
(9) The department must hold a hearing to determine by a 14
preponderance of the evidence whether the report or record in whole 15
or in part meets the statutory requirement of confirmed serious 16
abuse or neglect, confirmed sexual abuse, confirmed sexual 17
exploitation, or confirmed case of methamphetamine production and 18
should be amended or expunged from the central registry. The 19
hearing must be held before an administrative law judge and must be 20
conducted as prescribed by the administrative procedures act of 21
1969, 1969 PA 306, MCL 24.201 to 24.328. The department may, for 22
good cause, hold a hearing under this subsection if the department 23
determines that the person individual who is the subject of the 24
report or record submitted the request for a hearing within 60 days 25
after the 180-day notice period expired. This subsection does not 26
apply to an individual for which the court has entered an order of 27
conviction described in subsection (3). 28
(10) If the investigation of a report conducted under this 29
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section does not show serious child abuse or child neglect, sexual 1
abuse, sexual exploitation, or methamphetamine production by a 2
preponderance of the evidence, or if a court dismisses a petition 3
based on the merits of the petition filed under section 2(b) of 4
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, 5
because the petitioner has failed to establish, or a court has 6
failed to find, that the child comes within the jurisdiction of the 7
court following an adjudication hearing, the information 8
identifying the subject of the report must be expunged from the 9
central registry after a party has exhausted all appellate remedies 10
and an appellate review does not find that the child is within the 11
jurisdiction of the court. If a preponderance of evidence of child 12
abuse or child neglect exists, or if a court takes jurisdiction of 13
the child under section 2(b) of chapter XIIA of the probate code of 14
1939, 1939 PA 288, MCL 712A.2, the department must maintain the 15
information and must maintain the perpetrator's information in the 16
central registry if the case is determined to be a confirmed case 17
of methamphetamine production, confirmed serious abuse or neglect, 18
confirmed sexual abuse, or confirmed sexual exploitation. This 19
subsection does not apply to an individual for which the court has 20
entered an order of conviction described in subsection (3). 21
(11) Except as otherwise provided in this section, the 22
department must shall maintain the information in the central 23
registry until the department receives reliable information that 24
the perpetrator is dead. Not more than once every 10 years after an 25
individual has been listed on the central registry, the individual 26
may request a hearing regarding removal from the central registry. 27
Except for confirmed sexual abuse or confirmed sexual exploitation, 28
the department must hold a hearing to determine whether the 29
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information should be maintained on the central registry. The 1
hearing must be held before an administrative law judge and must be 2
conducted as prescribed by the administrative procedures act of 3
1969, 1969 PA 306, MCL 24.201 to 24.328. In this hearing, the 4
individual is presumed to be a risk to children and the burden of 5
proof is on the individual requesting to be removed from the 6
central registry. If the individual demonstrates by a preponderance 7
of the evidence that the presumption is unreasonable, then the 8
information must be expunged from the central registry. The facts 9
and circumstances as determined by the department or an 10
administrative law judge on review of the department's decision 11
that resulted in the individual originally being placed on the 12
central registry are not subject to review. The administrative law 13
judge shall take into account the facts and circumstances in the 14
years since the individual was listed on the central registry that 15
bear on the assessment of the individual's risk to children in the 16
future. For the purpose of As used in this subsection, "reliable 17
information" includes, but is not limited to, information obtained 18
using the United States Social Security death index database. This 19
subsection does not apply to an individual for which the court has 20
entered an order of conviction described in subsection (3). 21
(12) Upon On written request, the department may provide 22
confirmation of central registry placement to an individual, 23
office, or agency authorized to receive it. 24
(13) A person or the department may share the document 25
provided in subsection (12) with whoever is appropriate for the 26
purpose of seeking employment or serving as a volunteer if that 27
employment or volunteer work will include contact with children. 28
(14) An individual or organization for whom a person is 29
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applying for employment, licensing for a child care organization, 1
or to act as a volunteer, may, with appropriate authorization and 2
identification, request and receive confirmation of central 3
registry placement, if that employment or volunteer work includes 4
contact with children. 5
(15) A parent or other person responsible for a child, who has 6
reason to believe another caregiver may place that child at risk, 7
may, with appropriate authorization and identification, receive 8
confirmation of central registry placement of that parent, person 9
responsible, or caregiver. This request must be made through the 10
office of the friend of the court created in section 3 of the 11
friend of the court act, 1982 PA 294, MCL 552.503. 12
(16) The department may develop an automated system that will 13
allow a person applying for child-related employment or seeking to 14
volunteer in a capacity that would allow unsupervised access to a 15
child for whom the person is not a person responsible for that 16
child's health or welfare to be listed in that system if a 17
screening of the person finds that he or she the person has not 18
been named in a central registry case as the perpetrator of a 19
confirmed case of methamphetamine production, confirmed serious 20
abuse or neglect, confirmed sexual abuse, or confirmed sexual 21
exploitation. The automated system developed under this section 22
must provide for public access to the list of persons who that have 23
been screened for the purposes of complying with this section. An 24
automated system developed under this section must have appropriate 25
safeguards and procedures to ensure that information that is 26
confidential under this act, state law, or federal law is not 27
accessible or disclosed through that system. 28
(17) An action taken to exclude an individual from licensure 29
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to provide foster care, child care, or camp services by the 1
department of licensing and regulatory affairs or the division of 2
child welfare licensing in the department, or a predecessor agency, 3
in effect before the effective date of the amendatory act that 4
added this subsection, November 1, 2022, must remain in effect 5
according to its terms, except if an individual is successful in an 6
administrative review or appeal of the exclusionary status in 7
accord with section 9 of 1973 PA 116, MCL 722.119. 8
(18) In addition to the central registry clearance, the 9
department must search children's protective services records to 10
determine if an applicant or licensee, relative, adult member of 11
the household, licensee designee, chief administrator, staff 12
member, or unsupervised volunteer has a children's protective 13
services history before making a licensing or placement 14
determination, or provide clearance for staff employment or a 15
volunteer in a child caring organization. 16
Sec. 8. (1) Within 24 hours after receiving a report made 17
under this act, the department must refer the report to the 18
prosecuting attorney and the local law enforcement agency if the 19
report meets the requirements of subsection (3)(a), (b), or (c) or 20
section 3(6) or (9) or must commence an investigation of the child 21
suspected of being abused or neglected. Within 24 hours after 22
receiving a report whether from the reporting person or from the 23
department under subsection (3)(a), (b), or (c) or section 3(6) or 24
(9), the local law enforcement agency must refer the report to the 25
department, if the report meets the requirements of section 3(7), 26
or must commence an investigation of the child suspected of being 27
abused or neglected or exposed to or who has had contact with 28
methamphetamine production. If the child suspected of being abused 29
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or exposed to or who has had contact with methamphetamine 1
production is not in the physical custody of the parent or legal 2
guardian and informing the parent or legal guardian would not 3
endanger the child's health or welfare, the local law enforcement 4
agency or the department must inform the child's parent or legal 5
guardian of the investigation as soon as the local law enforcement 6
agency or the department discovers the identity of the child's 7
parent or legal guardian. 8
(2) In the course of its investigation, the department must 9
determine if the child is abused or neglected. The department must 10
cooperate with law enforcement officials, courts of competent 11
jurisdiction, and appropriate state agencies providing human 12
services in relation to preventing, identifying, and treating child 13
abuse and child neglect; must provide, enlist, and coordinate the 14
necessary services, directly or through purchasing services from 15
other agencies and professions; and must take necessary action to 16
prevent further abuses, to safeguard and enhance the child's 17
welfare, and to preserve family life where possible. In the course 18
of an investigation, at the time that a department investigator 19
contacts an individual about whom a report has been made under this 20
act or contacts an individual responsible for the health or welfare 21
of a child about whom a report has been made under this act, the 22
department investigator must advise that individual of the 23
department investigator's name, whom the department investigator 24
represents, and the specific complaints or allegations made against 25
the individual. The department must ensure that its policies, 26
procedures, and administrative rules ensure compliance with this 27
act. 28
(3) In conducting its investigation, the department must seek 29
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the assistance of and cooperate with law enforcement officials 1
within 24 hours after becoming aware that 1 or more of the 2
following conditions exist: 3
(a) Child abuse or child neglect is the suspected cause of a 4
child's death. 5
(b) The child is the victim of suspected sexual abuse or 6
sexual exploitation. 7
(c) Child abuse or child neglect resulting in serious physical 8
harm to the child. 9
(d) Law enforcement intervention is necessary for the 10
protection of the child, a department employee, or another person 11
involved in the investigation. 12
(e) The alleged perpetrator of the child's injury is not a 13
person responsible for the child's health or welfare. 14
(f) The child has been exposed to or had contact with 15
methamphetamine production. 16
(4) Law enforcement officials must cooperate with the 17
department in conducting investigations under subsections (1) and 18
(3) and must comply with sections 5 and 7. The department and law 19
enforcement officials must conduct investigations in compliance 20
with the protocols adopted and implemented as required by 21
subsection (6). 22
(5) Involvement of law enforcement officials under this 23
section does not relieve or prevent the department from proceeding 24
with its investigation or treatment if there is reasonable cause to 25
suspect that the child abuse or child neglect was committed by a 26
person responsible for the child's health or welfare. 27
(6) In each county, the prosecuting attorney and the 28
department must develop and establish procedures for involving law 29
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enforcement officials and children's advocacy centers, as 1
appropriate, as provided in this section. In each county, the 2
prosecuting attorney and the department must adopt and implement 3
standard child abuse and child neglect investigation and interview 4
protocols using, as a model, the protocols developed by the 5
governor's task force on children's justice as published in FIA 6
Publication 794 (revised 8-98) and FIA Publication 779 (8-98), or 7
an updated version of those publications. 8
(7) If there is reasonable cause to suspect that a child in 9
the care of or under the control of a public or private agency, 10
institution, or facility is an abused or neglected child, the 11
agency, institution, or facility must be investigated by an agency 12
administratively independent of the agency, institution, or 13
facility being investigated. If the investigation produces evidence 14
of a violation of section 145c or sections 520b to 520g of the 15
Michigan penal code, 1931 PA 328, MCL 750.145c and 750.520b to 16
750.520g, the investigating agency must transmit a copy of the 17
results of the investigation to the prosecuting attorney of the 18
county in which the agency, institution, or facility is located. 19
(8) A school or other institution must cooperate with the 20
department during an investigation of a report of child abuse or 21
child neglect. Cooperation includes allowing access to the child 22
without parental consent if access is determined by the department 23
to be necessary to complete the investigation or to prevent child 24
abuse or child neglect of the child. The department must shall 25
notify the person responsible for the child's health or welfare 26
about the department's contact with the child at the time or as 27
soon afterward as the person can be reached. The department may 28
delay the notice if the notice would compromise the safety of the 29
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child or child's siblings or the integrity of the investigation, 1
but only for the time 1 of those conditions exists. 2
(9) If the department has contact with a child in a school, 3
all of the following apply: 4
(a) Before contact with the child, the department investigator 5
must review with the designated school staff person the 6
department's responsibilities under this act and the investigation 7
procedure. 8
(b) After contact with the child, the department investigator 9
must meet with the designated school staff person and the child 10
about the response the department will take as a result of contact 11
with the child. The department may also meet with the designated 12
school staff person without the child present and share additional 13
information the investigator determines may be shared subject to 14
the confidentiality provisions of this act. 15
(c) Lack of cooperation by the school does not relieve or 16
prevent the department from proceeding with its responsibilities 17
under this act. 18
(10) A child must not be subjected to a search at a school 19
that requires the child to remove his or her the child's clothing 20
to expose his buttocks or genitalia or her the child's breasts, 21
buttocks, or genitalia unless the department has obtained an order 22
from a court of competent jurisdiction permitting that search. If 23
the access occurs within a hospital, the investigation must be 24
conducted so as not to interfere with the medical treatment of the 25
child or other patients. 26
(11) The department must enter each report made under this act 27
that is the subject of a field investigation into the electronic 28
case management system. The department must shall maintain a report 29
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entered on the electronic case management system as required by 1
this subsection until the child about whom the investigation is 2
made is 18 years old or until 10 years after the investigation is 3
commenced, whichever is later, or, if the case is classified as a 4
central registry case, until the department receives reliable 5
information that the perpetrator of the child abuse or child 6
neglect is dead. Unless made public as specified information 7
released under section 7d, a report that is maintained on the 8
electronic case management system is confidential and is not 9
subject to the disclosure requirements of the freedom of 10
information act, 1976 PA 442, MCL 15.231 to 15.246. 11
(12) After completing a field investigation and based on its 12
results, the department must determine in which single category, 13
prescribed by section 8d, to classify the allegation of child abuse 14
or child neglect and determine whether the child abuse or child 15
neglect must be classified as a central registry case. 16
(13) A person who is the subject of a report or record made 17
under this section in which the violation does not result in being 18
placed on the central registry, but is categorized as a category I, 19
II, or III case under section 8d, may request the department amend 20
an inaccurate report or record from the local office file. Within 21
30 days after the classification of a confirmed case that does not 22
result in being placed on the central registry, the department must 23
shall notify in writing each person who is named in the report or 24
record as a perpetrator of confirmed serious child abuse or child 25
neglect. This notice requirement includes all the following: 26
(a) Must be sent by first-class mail to the identified 27
perpetrator. 28
(b) Must set forth the person's right to request amendment of 29
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OOH S05127'25 (S-1)_SB626_APS_1 tybkh9
the record and the right to an administrative review conducted by 1
the department. 2
(c) Must state that the record may be released under section 3
7d, and may impact future employment or licensing opportunities. 4
(d) Must not identify the person reporting the suspected child 5
abuse or child neglect. 6
(14) The request described in subsection (13) must be made 7
within 180 days after the date of service of notice. of a confirmed 8
serious abuse or neglect. The department may, for good cause, 9
extend the time frame for the request after the 180-day notice if 10
the department determines that the person who is the subject of the 11
report or record submitted the request for an administrative review 12
within 60 days after the 180-day notice period expired. The 13
department must create an administrative process to determine 14
whether the report or record should be amended. 15
(15) Except as provided in subsection (16), upon completion of 16
the investigation by the local law enforcement agency or the 17
department, the law enforcement agency or department may inform the 18
person who made the report as to the disposition of the report. 19
(16) If the person who made the report is mandated to report 20
under section 3, upon completion of the investigation by the 21
department, the department must inform the person in writing as to 22
the disposition of the case and must include in the information at 23
least all of the following: 24
(a) What determination the department made under subsection 25
(12) and the rationale for that decision. 26
(b) Whether legal action was commenced and, if so, the nature 27
of that action. 28
(c) Notification that the information being conveyed is 29
21
OOH S05127'25 (S-1)_SB626_APS_1 tybkh9
confidential. 1
(17) Information sent under subsection (16) must not include 2
personally identifying information for a person named in a report 3
or record made under this act. 4
(18) Unless section 5 of chapter XII of the probate code of 5
1939, 1939 PA 288, MCL 712.5, requires a physician to report to the 6
department, the surrender of a newborn in compliance with chapter 7
XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, 8
is not reasonable cause to suspect child abuse or child neglect and 9
is not subject to the section 3 reporting requirement. This 10
subsection does not apply to circumstances that arise on or after 11
the date that chapter XII of the probate code of 1939, 1939 PA 288, 12
MCL 712.1 to 712.20, is repealed. This subsection applies to a 13
newborn whose birth is described in the born alive infant 14
protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who is 15
considered to be a newborn surrendered under the safe delivery of 16
newborns law as provided in section 3 of chapter XII of the probate 17
code of 1939, 1939 PA 288, MCL 712.3. 18
(19) All department employees involved in investigating child 19
abuse or child neglect cases must be trained in the legal duties to 20
protect the state and federal constitutional and statutory rights 21
of children and families from the initial contact of an 22
investigation through the time services are provided. 23
(20) The department must determine whether there is an open 24
friend of the court case regarding a child who is suspected of 25
being abused or neglected if a child protective services 26
investigation of child abuse and child neglect allegations result 27
in any of the following dispositions: 28
(a) A finding that a preponderance of evidence indicates that 29
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OOH S05127'25 (S-1)_SB626_APS_1 tybkh9
there has been child abuse or child neglect. 1
(b) Emergency removal of the child for child abuse or child 2
neglect before the investigation is completed. 3
(c) The family court takes jurisdiction on a petition and a 4
child is maintained in his or her the child's own home under the 5
supervision of the department. 6
(d) If 1 or more children residing in the home are removed and 7
1 or more children remain in the home. 8
(e) Any other circumstances that the department determines are 9
applicable and related to child safety. 10
(21) If the department determines that there is an open friend 11
of the court case and the provisions of subsection (20) apply, the 12
department must shall notify the office of the friend of the court 13
in the county in which the friend of the court case is open that 14
there is an investigation being conducted under this act regarding 15
that child and must also report to the local friend of the court 16
office when there is a change in that child's placement. 17
(22) Child protective services may report to the local friend 18
of the court office any situation in which a parent, more than 3 19
times within 1 year or on 5 cumulative reports over several years, 20
made unfounded reports to child protective services regarding 21
alleged child abuse or child neglect of his or her the parent's 22
child. 23
(23) If the department determines that there is an open friend 24
of the court case, the department must provide a noncustodial 25
parent of a child who is suspected of being abused or neglected 26
with the form developed by the department that has information on 27
how to change a custody or parenting time court order. 28