Bill Text: MI SB0260 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Children; protection; access to documents referencing death of a child who was a ward of the state; allow. Amends 1975 PA 238 (MCL 722.621 - 722.638) by adding sec. 7l.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2009-03-19 - Referred To Committee On Families And Children's Services [SB0260 Detail]
Download: Michigan-2009-SB0260-Engrossed.html
SB-0260, As Passed Senate, March 19, 2009
SUBSTITUTE FOR
SENATE BILL NO. 260
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 7 (MCL 722.627), as amended by 2008 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The department shall maintain a statewide,
electronic central registry to carry out the intent of this act.
(2) 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 private child protective
agency investigating a report of known or suspected child abuse or
neglect or a legally mandated public or private child protective
agency or foster care agency prosecuting a disciplinary action
against its own employee involving child protective services or
foster records.
(b) A police or other law enforcement agency investigating a
report of known or suspected child abuse or neglect.
(c) A physician who is treating a child whom the physician
reasonably suspects may be abused or neglected.
(d) A person legally authorized to place a child in protective
custody when the person is confronted with a child whom the person
reasonably suspects may be abused or neglected and the confidential
record is necessary to determine whether to place the child in
protective custody.
(e) A person, agency, or organization, including a
multidisciplinary case consultation team, authorized to diagnose,
care for, treat, or supervise a child or family who is the subject
of a report or record under this act, or who is responsible for the
child's health or welfare.
(f) A person named in the report or record as a perpetrator or
alleged perpetrator of the child abuse or neglect or a victim who
is an adult at the time of the request, if the identity of the
reporting person is protected as provided in section 5.
(g) A court that determines the information is necessary to
decide an issue before the court. In the event of a child's death,
a court that had jurisdiction over that child under section 2(b) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(h) A grand jury that determines the information is necessary
to conduct the grand jury's official business.
(i) A person, agency, or organization engaged in a bona fide
research or evaluation project. The person, agency, or organization
shall not release information identifying a person named in the
report or record unless that person's written consent is obtained.
The person, agency, or organization shall not conduct a personal
interview with a family without the family's prior consent and
shall not disclose information that would identify the child or the
child's family or other identifying information. The department
director may authorize the release of information to a person,
agency, or organization described in this subdivision if the
release contributes to the purposes of this act and the person,
agency, or organization has appropriate controls to maintain the
confidentiality of personally identifying information for a person
named in a report or record made under this act.
(j) A lawyer-guardian ad litem or other attorney appointed as
provided by section 10.
(k) A child placing agency licensed under 1973 PA 116, MCL
722.111 to 722.128, for the purpose of investigating an applicant
for adoption, a foster care applicant or licensee or an employee of
a foster care applicant or licensee, an adult member of an
applicant's or licensee's household, or other persons in a foster
care or adoptive home who are directly responsible for the care and
welfare of children, to determine suitability of a home for
adoption or foster care. The child placing agency shall disclose
the information to a foster care applicant or licensee under 1973
PA 116, MCL 722.111 to 722.128, or to an applicant for adoption.
(l) Family division of circuit court staff authorized by the
court to investigate foster care applicants and licensees,
employees of foster care applicants and licensees, adult members of
the applicant's or licensee's household, and other persons in the
home who are directly responsible for the care and welfare of
children, for the purpose of determining the suitability of the
home for foster care. The court shall disclose this information to
the applicant or licensee.
(m) Subject to section 7a, a standing or select committee or
appropriations subcommittee of either house of the legislature
having jurisdiction over child protective services matters.
(n) The children's ombudsman appointed under the children's
ombudsman act, 1994 PA 204, MCL 722.921 to 722.932.
(o) A child fatality review team established under section 7b
and authorized under that section to investigate and review a child
death.
(p) A county medical examiner or deputy county medical
examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for the
purpose of carrying out his or her duties under that act.
(q) A citizen review panel established by the department.
Access under this subdivision is limited to information the
department determines is necessary for the panel to carry out its
prescribed duties.
(r) A child care regulatory agency.
(s) A foster care review board for the purpose of meeting the
requirements of 1984 PA 422, MCL 722.131 to 722.139a.
(t) A local friend of the court office.
(3) Subject to subsection (9), a person or entity to whom
information described in subsection (2) is disclosed shall make the
information available only to a person or entity described in
subsection (2). This subsection does not require a court proceeding
to be closed that otherwise would be open to the public.
(4) If the department classifies a report of suspected child
abuse or neglect as a central registry case, the department shall
maintain a record in the central registry and, within 30 days after
the classification, shall notify in writing each person who is
named in the record as a perpetrator of the child abuse or neglect.
The notice shall set forth the person's right to request expunction
of the record and the right to a hearing if the department refuses
the request. The notice shall state that the record may be released
under section 7d. The notice shall not identify the person
reporting the suspected child abuse or neglect.
(5) A person who is the subject of a report or record made
under this act may request the department to amend an inaccurate
report or record from the central registry and local office file. A
person who is the subject of a report or record made under this act
may request the department to expunge from the central registry a
report or record in which no relevant and accurate evidence of
abuse or neglect is found to exist. A report or record filed in a
local office file is not subject to expunction except as the
department authorizes, if considered in the best interest of the
child.
(6) If the department refuses a request for amendment or
expunction under subsection (5), or fails to act within 30 days
after receiving the request, the department shall hold a hearing to
determine by a preponderance of the evidence whether the report or
record in whole or in part should be amended or expunged from the
central registry on the grounds that the report or record is not
relevant or accurate evidence of abuse or neglect. The hearing
shall be held before a hearing officer appointed by the department
and shall be conducted as prescribed by the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(7) If the investigation of a report conducted under this act
fails to disclose evidence of abuse or neglect, the information
identifying the subject of the report shall be expunged from the
central registry. If evidence of abuse or neglect exists, the
department shall maintain the information in the central registry
until the department receives reliable information that the
perpetrator of the abuse or neglect is dead.
(8) In releasing information under this act, the department
shall not include a report compiled by a police agency or other law
enforcement agency related to an ongoing investigation of suspected
child abuse or neglect. This subsection does not prevent the
department from releasing reports of convictions of crimes related
to child abuse or neglect.
(9) A member or staff member of a citizen review panel shall
not disclose identifying information about a specific child
protection case to an individual, partnership, corporation,
association, governmental entity, or other legal entity. A member
or staff member of a citizen review panel is a member of a board,
council, commission, or statutorily created task force of a
governmental agency for the purposes of section 7 of 1964 PA 170,
MCL 691.1407. Information obtained by a citizen review panel is not
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(10) An agency obtaining a confidential record under
subsection (2)(a) may seek an order from the court having
jurisdiction over the child or from the family division of the
Ingham county circuit court that allows the agency to disseminate
confidential child protective services or foster care information
to pursue sanctions for alleged dereliction, malfeasance, or
misfeasance of duty against an employee of the agency, to a
recognized labor union representative of the employee's bargaining
unit, or to an arbitrator or an administrative law judge who
conducts a hearing involving the employee's alleged dereliction,
malfeasance, or misfeasance of duty to be used solely in connection
with that hearing. Information released under this subsection shall
be released in a manner that maintains the greatest degree of
confidentiality while allowing review of employee performance.
