2.6Amending, Removing, or Expunging Information in the Central Registry1
A.Length of Time Information Appears in the Central Registry
Except as otherwise ordered in MCL 722.627j, the information about the perpetrator that appears in the central registry must be maintained “until the [DHHS] receives reliable information that the perpetrator is dead.” MCL 722.627j(11).
B.Request To Amend Inaccurate Report or Record
“An individual who is the subject of a report or record made under [MCL 722.627j] may request the [DHHS] amend an inaccurate report or record from the central registry and local office file.”2 MCL 722.627j(7). MCL 722.627j(7) does not apply to an individual whose order of conviction entered under MCL 722.627j(3).3 MCL 722.627j(7).
C.Denial of Request For Amendment
If the DHHS denies an individual’s request to amend a report or record made under MCL 722.627j about the individual, the individual may request a hearing to review his or her request for amendment.4 MCL 722.627j(8). The individual must request the hearing within 180 days from the date on which he or she was served with notice of his or her right to a hearing. Id.
For good cause, the DHHS may hold a hearing under MCL 722.627j(9)5 after the expiration of the 180-day period, if the DHHS determines that the subject of the report made the request for a hearing within 60 days after expiration of the initial 180-day period. MCL 722.627j(9).
MCL 722.627j(9) does not apply to an individual against whom a court entered a conviction described in MCL 722.627j(3). MCL 722.627j(9).
“The [DHHS] must hold a hearing to determine by a preponderance of the evidence whether the report or record in whole or in part meets the statutory requirement of confirmed serious abuse or neglect, confirmed sexual abuse, confirmed sexual exploitation, or confirmed case of methamphetamine production and should be amended or expunged from the central registry.” MCL 722.627j(9).
An administrative law judge must preside at the hearing and the hearing must be conducted as required by the administrative procedures act, MCL 24.201 to MCL 24.328. MCL 722.627j(9).
MCL 722.627j(9) does not apply to an individual against whom a court entered a conviction described in MCL 722.627j(3). MCL 722.627j(9).
1.Removal of Information From the Central Registry
If an investigation under MCL 722.627j
“does not show serious child abuse or child neglect, sexual abuse, sexual exploitation, or methamphetamine production by a preponderance of the evidence . . . the information identifying the subject of the report must be expunged from the central registry after a party has exhausted all appellate remedies and an appellate review does not find that the child is within the jurisdiction of the court.” MCL 722.627j(10).
Similarly,
“if a court dismisses a petition based on the merits of the petition filed under [MCL 712A.2(b)] because the petitioner has failed to establish, or a court has failed to find, that the child comes within the jurisdiction of the court following an adjudication hearing, the information identifying the subject of the report must be expunged from the central registry after a party has exhausted all appellate remedies and an appellate review does not find that the child is within the jurisdiction of the court.” MCL 722.627j(10).6
2.Retention of Information in the Central Registry
If a preponderance of the evidence indicates that child abuse or child neglect exists, or if the court takes jurisdiction of the child under MCL 712A.2(b), the perpetrator’s information in the central registry remains in the registry. MCL 722.627j(10). In those cases “the [DHHS] must maintain the information and must maintain the perpetrator’s information in the central registry if the case is determined to be a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation.” Id.
MCL 722.627j(10) does not apply to an individual against whom a court entered a conviction described in MCL 722.627j(3). MCL 722.627j(10).
E.Request For Removal From the Central Registry—Individual Listed After Conviction Under § 627j(3)
An individual who was placed on the central registry under MCL 722.627j(3) (convictions that require a court to request that the conviction be classified as a central registry case7) may at any time request, and the court must request, that his or her name be removed from the central registry if the individual has succeeded in a motion to the convicting court for the following reasons:
•the individual was not convicted of an offense listed in MCL 722.627j, MCL 722.627j(4)(a), or
•the individual demonstrates that the conviction resulting in his or her placement on the central registry has been expunged, MCL 722.627j(4)(b).
An individual on the central registry for a conviction under MCL 722.627j(3)8 may make a motion in the convicting court for removal from the central registry no more than once every 10 years after placement on the central registry. MCL 722.627j(5).
In a hearing on the motion, the individual who was placed on the central registry “is presumed to be a risk to children, and the burden is on the individual requesting to be removed from the central registry. If the individual demonstrates that the presumption is unreasonable, the court shall request that the [DHHS] remove the individual from the central registry.” MCL 722.627j(5).
F.Request For Removal From the Central Registry—Individual Listed For Conviction Not Ordered Under
§ 627(j)(3)
An individual listed on the central registry may request a hearing to be removed from the central registry not more than once every 10 years. MCL 722.627j(11). Excluding confirmed sexual abuse or confirmed sexual exploitation, the DHHS must hold a hearing to decide whether the information should continue to be included in the central registry. Id.
The hearing to determine whether the information should be maintained in the central registry must be heard by an administrative law judge and adhere to the administrative procedures act, MCL 24.201 to MCL 24.328. MCL 722.627j(11).
At a hearing to be removed from the central registry, “the individual is presumed to be a risk to children and the burden of proof is on the individual requesting to be removed from the central registry.” MCL 722.627j(11). The individual may be removed from the central registry if the individual proves by a preponderance of the evidence that the presumption is unreasonable. Id.
The facts and circumstances involved in the individual’s original placement on the central registry are not subject to review; only the facts and circumstances in the years following the individual’s placement on the central registry list have any bearing on the risk to children posed by the individual in the future. MCL 722.627j(11).
MCL 722.627j(11) does not apply to individuals whose orders of conviction were entered as provided in MCL 722.627j(3).
G.Requests Made By Individuals on the Central Registry Before November 1, 2022
An individual listed on the central registry before November 1, 2022,9 “may submit a request to the [DHHS] for an administrative review for the expungement of the individual’s name from the statewide electronic case management system created under [MCL 722.627j].” MCL 722.627l(1). Within 180 days of receiving a request for an administrative review, the DHHS must review the matter and notify in writing the individual who requested the review “of the final decision to expunge the individual from the central registry under the statewide electronic case management system created under [MCL 722.627j] or to classify the individual’s case as a confirmed case of methamphetamine production, confirmed serious abuse or serious neglect, confirmed sexual abuse, or confirmed sexual exploitation and keep the individual on the central registry in the statewide electronic case management system.” MCL 722.627l(1).
If, after conducting its administrative review under MCL 722.627l(1), the DHHS’s final decision “is to expunge the individual from the central registry under the statewide electronic case management system created under [MCL 722.627j], then the [DHHS] shall notify the director of the department responsible for the licensure of that individual or the director’s designee within 45 days of the final decision.” MCL 722.627l(2).
H.Amendment or Expungement of Category I, II, or III Classifications That Are Not Central Registry Cases
When an individual is the subject of a report or record under MCL 722.628 that is classified as a Category I, II, or III case but that is not identified as a central registry case under MCL 722.628d, the individual may ask that the DHHS amend any inaccuracies in a report or record kept in the local office file. MCL 722.628(13).
The DHHS must provide written notice to each individual who is named as a perpetrator of confirmed serious abuse or neglect in a report or record. MCL 722.628. The notice must be issued within 30 days after the confirmed case was classified as a category I, II, or III but not placed on the central registry, and the notice must satisfy the following requirements:
“(a) Must be sent by first-class mail to the identified perpetrator.
(b) Must set forth the person’s right to request amendment of the record and the right to an administrative review conducted by the department.
(c) Must state that the record may be released under [MCL 722.627d], and may impact future employment or licensing opportunities.
(d) Must not identify the person reporting the suspected child abuse or child neglect.” MCL 722.628(13).
An individual’s request to have an inaccuracy in the report or record amended must be made within 180 days after receiving notice that the case naming the individual as a perpetrator has been confirmed.10 MCL 722.628(14).
“The plain language of [MCL 722.627] grants exclusive jurisdiction to [the DHHS] to control expunction[11] from the central registry.” In re Harper, 302 Mich App 349, 355, 361 (2013) (“Because respondent failed to exhaust her administrative remedies before seeking judicial intervention, the trial court did not have jurisdiction to enter an order removing her from the central registry.”).
Note: A court has no authority to order the expunction of a person’s name from the central registry until after the person has exhausted his or her administrative remedies. See MCL 24.301.
“A person who willfully maintains a report or record required to be expunged under [MCL 722.627] is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.” MCL 722.633(4).
J.Access to DHHS’s Central Registry
A brief discussion of accessing the DHHS’s central registry is contained in this subsection. For a detailed discussion, see the DHHS’s Service Requirements Manual (SRM), Confidentiality SRM-131.12
“Unless made public as specified information[13] released under [MCL 722.627d], a written report, document, or photograph filed with the [DHHS] is a confidential record available only to [certain persons or entities.]”14 MCL 722.627(1).
“Except for records available under [MCL 722.627(1)(a), MCL 722.627(1)(b), and MCL 722.627(1)(n)15], the identity of a reporting person is confidential subject to disclosure only with the consent of that person or by judicial process.” MCL 722.625.
The DHHS must not include a police report related to an ongoing investigation of suspected child abuse or child neglect when releasing information to authorized persons or entities. MCL 722.627(3). The DHHS may, however, release reports of a person’s convictions of crimes related to child abuse or child neglect. Id.
1.Persons or Entities With Access to DHHS Central Registry
MCL 722.627(1) lists the persons or entities who have access to the DHHS’s central registry:
“(a) A legally mandated public or private child protective agency investigating a report of known or suspected child abuse or child 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 care records.
(b) A police agency or other law enforcement agency investigating a report of known or suspected child abuse or child 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 [the Child Protection Law], or who is responsible for the child’s health or welfare.[16]
(f) A person named in the report or record as a perpetrator or alleged perpetrator of the child abuse or child 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 [MCL 722.625].
(g) A court for the purposes of determining the suitability of a person as a minor’s guardian or that otherwise determines that the information is necessary to decide an issue before the court, or in the event of a child’s death, a court that had jurisdiction over that child under [MCL 712A.2(b).]
(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 [DHHS] director may authorize release of information to a person, agency, or organization described in this subdivision if the release contributes to the purposes of [the Child Protection Law] 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 [the Child Protection Law].[17]
(j) A lawyer-guardian ad litem or other attorney appointed as provided by [MCL 722.630].
(k) A child placing agency licensed under . . . MCL 722.111 to [MCL] 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 person in a foster care or adoptive home who is directly responsible for the care and welfare of children, to determine suitability of a home for adoption or foster care. The child placing agency must disclose the information to a foster care applicant or licensee under . . . MCL 722.111 to [MCL] 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 any other person in the home who is directly responsible for the care and welfare of children, for the purpose of determining the suitability of the home for foster care. The court must disclose this information to the applicant or licensee.
(m) Subject to [MCL 722.627a], a standing or select committee or appropriations subcommittee of either house of the legislature having jurisdiction over child protective services matters.
(n) The child advocate appointed under the [Office of the Child Advocate Act, MCL 722.921-MCL 722.932].
(o) A child fatality review team established under [MCL 722.627b] and authorized under that section to investigate and review a child death.
(p) A county medical examiner or deputy county medical examiner appointed under . . . MCL 52.201 to [MCL] 52.216, for the purpose of carrying out his or her duties under that act.
(q) A citizen review panel established by the [DHHS]. Access under this subdivision is limited to information the department determines 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 . . . MCL 722.131 to [MCL] 722.139a.
(t) A local friend of the court office.
(u) A [DHHS] employee actively representing himself or herself in a disciplinary action, a labor union representative who is actively representing a [DHHS] employee in a disciplinary action, or an arbitrator or administrative law judge conducting a hearing involving a [DHHS] employee’s dereliction, malfeasance, or misfeasance of duty, for use solely in connection with that action or hearing. Information disclosed under this subdivision must be returned not later than 10 days after the conclusion of the action or hearing. A recipient must not receive further disclosures under this subdivision while he or she retains disclosed information beyond the deadline specified for return.
(v) A federal or state governmental agency that may, by law, conduct an audit or similar review of the [DHHS’s] activities under [the Child Protection Law].
(w) A children’s advocacy center[18] in the course of providing services to a child alleged to have been the victim of child abuse or child neglect or to that child’s family.
(x) A tribal representative, agency, or organization, including a multidisciplinary team, authorized by the Indian child’s tribe, to care for, diagnose, treat, review, evaluate, or monitor active efforts regarding an Indian child, parent, or Indian custodian. As used in this subdivision, ‘active efforts’, ‘Indian child’, ‘Indian child’s tribe’, ‘Indian custodian’, and ‘parent’ mean those terms as defined in . . . MCL 712B.3.”19
(y) A child caring institution[20] licensed under [MCL 722.111 to MCL 722.128], for the purpose of investigating an applicant for employment or an employee of a child caring institution to determine suitability of the applicant or employee for initial or continued employment. The child caring institution must disclose the information to the applicant or employee.
2.Dissemination of Information
“Subject to [MCL 722.627(4)], a person or entity to whom information described in [MCL 722.627(1)] is disclosed shall make the information available only to a person or entity described in [MCL 722.627(1)].” MCL 722.627(2).
Note: MCL 722.627(4) provides that “[a] member or staff member of a citizen review panel[21] shall not disclose identifying information about a specific child protection case to an individual, partnership, corporation, association, governmental entity, or other legal entity.”
“Except as provided in [MCL 722.627], a person who disseminates, or who permits or encourages the dissemination of, information contained in the central registry and in reports and records made as provided in [the Child Protection Law] is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and is civilly liable for the damages proximately caused by the dissemination.” MCL 722.633(3). See Zimmerman v Owens, 221 Mich App 259 (1997) (attorney in divorce proceeding could not be held civilly liable for attaching protective services report to a motion in a divorce case because former MCL 722.627(2)(g) (now MCL 722.627(1)(g)) allowed disclosure where the court determined the information was “relevant and necessary to the issues of custody and visitation[,]” and the plaintiff failed to show any damages proximately caused by the dissemination where no one saw the protective services report during the 14 days it sat in a court file not under seal).
“Documents, reports, or records authored by or obtained from another agency or organization shall not be released or open for inspection under [MCL 722.627(1)] unless required by other state or federal law, in response to an order issued by a judge, magistrate, or other authorized judicial officer, or unless the documents, reports, or records are requested for a child abuse or child neglect case or for a criminal investigation of a child abuse or child neglect case conducted by law enforcement.” MCL 722.627(5).
“Notwithstanding [MCL 722.627(1)22], information or records in the possession of the [DHHS] or the department of licensing and regulatory affairs [LARA] may be shared to the extent necessary for the proper functioning of the [DHHS] or the [LARA] in administering child welfare or child care organization licensing under . . . MCL 722.111 to [MCL] 722.128,[23] or in an investigation conducted under . . . MCL 400.43b. Information or records shared under this subsection shall not be released by either the [DHHS] or the [LARA] unless otherwise permitted under [the Children Protection Law] or other state or federal law. Neither the [DHHS] nor the [LARA] shall release or open for inspection any document, report, or record authored by or obtained from another agency or organization unless 1 of the conditions of [MCL 722.627(5)] applies.” MCL 722.627(6).
1 The statutory provisions throughout MCL 722.627j that address changes to the placement of information in the central registry refer to amendments, expungements, and removals without apparent distinction.
2 For additional information on “amend[ing] an inaccurate report or record from the central registry and local office file[,]” see DHHS’s Children’s Protective Services Manual (PSM), Amendment or Expunction PSM 717-2.
3 MCL 750.136b (child abuse), MCL 750.520a to MCL 750.520o involving a minor victim (criminal sexual conduct offenses), MCL 750.145c (child sexually abusive material or activity), and MCL 722.627j(3) (any conviction involving the death of a child). MCL 722.627j(3).
4 MCL 722.627j(8) does not apply to an individual against whom a court entered a conviction described in MCL 722.627j(3). MCL 722.627j(8).
5 The hearing requested under MCL 722.627j(8).
6 MCL 722.627j(10) does not apply to individuals whose orders of conviction were entered under MCL 722.627j(3). MCL 722.627j(10).
7 MCL 750.136b (child abuse), MCL 750.520a to MCL 750.520o involving a minor victim (criminal sexual conduct offenses), MCL 750.145c (child sexually abusive material or activity), and MCL 722.627j(3) (any conviction involving the death of a child). MCL 722.627j(3).
8 MCL 750.136b (child abuse), MCL 750.520a to MCL 750.520o involving a minor victim (criminal sexual conduct offenses), MCL 750.145c (child sexually abusive material or activity), and MCL 722.627j(3) (any conviction involving the death of a child). MCL 722.627j(3).
9 2022 PA 72 added MCL 722.627l to the Child Protection Law, effective November 1, 2022.
10 The central registry is discussed in more detail in Section 3.3.
11 For additional information on “expung[ing] from the central registry a report or record[,]” see DHHS’s Children Protective Services Manual (PSM), Amendment or Expunction PSM 717-2. Note: The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
12 The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
13 “‘Specified information’ means information in a children’s protective services case record related specifically to the [DHHS’s] actions in responding to a complaint of child abuse or child neglect.” MCL 722.622(ff).
14 See Section 2.6(J)(1) for a list of persons or entities who have access to the DHHS central registry.
15 MCL 722.627(1)(a)-(b) refer to public or private child protective agencies and law enforcement agencies investigating suspected abuse or neglect, and MCL 722.627(1)(n) refers to the child advocate.
16 See Section 2.1(A) for the definition of “person responsible for the child’s health or welfare” as defined under MCL 722.622(x). However, MCL 722.622(x) limits a nonparent adult’s access to information on the DHHS’s central registry.
17 “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.” MCL 722.627(1)(i).
18 MCL 722.622(l) defines children’s advocacy center as “an entity accredited as a child advocacy center by the National Children’s Alliance or its successor agency or an entity granted associate or developing membership status by the National Children’s Alliance or its successor agency.”
19 For additional discussion on custody proceedings involving an Indian child, including the definitions contained in MCL 712B.3, see Chapter 19.
20 Child caring institution “means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. Child caring institution includes a maternity home for the care of unmarried mothers who are minors and an agency group home, that is described as a small child caring institution, owned, leased, or rented by a licensed agency providing care for more than 4 but less than 13 minor children. Child caring institution also includes an institution for developmentally disabled or emotionally disturbed minor children. Child caring institution does not include a hospital, nursing home, or home for the aged licensed under . . . MCL 333.20101 to [MCL] 333.22260, a boarding school licensed under . . . MCL 380.1335, a hospital or facility operated by the state or licensed under . . . MCL 330.1001 to [MCL] 330.2106, or an adult foster care family home or an adult foster care small group home licensed under . . . MCL 400.701 to [MCL] 400.737, in which a child has been placed under [MCL 722.115(6)].” MCL 722.111(c).
21 MCL 722.622(m) defines citizen review panel as “a panel established as required by . . . the child abuse prevention and treatment act, 42 USC 5106a.” MCL 722.627b requires a “citizen review panel [to] review each child fatality that involves allegations of child abuse or child neglect for each child who, at the time of death or within the 12 months preceding the death, was under the court’s jurisdiction under . . . MCL 712A.2[(b)].” MCL 722.627b(6).
22 MCL 722.627(1) addresses the confidentiality of written reports, documents, or photographs filed with the DHHS with accessibility limited to certain persons or entities (unless the information is publicly released under MCL 722.627d). For the list of persons or entities who have access to the DHHS central registry under MCL 722.627(1), see Section 2.6(J)(1).
23 MCL 722.128 repealed the Child Care Licensing Act. See Executive Reorganization Order No. 2018-6, which provided that “[a]ny authority, powers, duties, functions, and responsibilities of child welfare licensing and regulation of child caring institutions (including but not limited to children’s therapeutic group homes), child placing agencies, foster family homes, foster family group homes, and court-operated facilities under the Child Care Organizations Act, . . . MCL 722.111 to [MCL] 722.128, and the Social Welfare Act, . . . MCL 400.1 to [MCL] 400.122[,] are transferred from the Department of Licensing and Regulatory Affairs to the Department of Health and Human Services.”