2.5DHHS Central Registry of Reports of Child Abuse or Child Neglect
“[The DHHS] must maintain a statewide, electronic case management system to carry out the intent of [the Child Protection Law].” MCL 722.627j(1). The central registry is one of the products of the statewide electronic case management system; the central registry is “a repository of names of individuals who are identified as perpetrators related to a central registry case in the [DHHS’s] statewide electronic case management system.” MCL 722.622(c).
A.DHHS Classifies Central Registry Cases
Confirmed cases refer to those situations in which “the [DHHS] has determined, by a preponderance of evidence, that child abuse or child neglect occurred by a person responsible for the child’s health, welfare, or care.” MCL 722.622(n). All central registry cases are confirmed cases. See MCL 722.622(d).
A central registry case refers to a case in which “the [DHHS has] confirmed that a person responsible for the child’s health or welfare committed serious abuse or neglect, sexual abuse, or sexual exploitation of a child, or allowed a child to be exposed to or have contact with methamphetamine production.” MCL 722.622(d) (emphasis added). See also MCL 722.627j(2).
The confirmed cases that must be classified as central registry cases are:
•Confirmed serious abuse or neglect “means a confirmed case of mental injury or physical injury or neglect to a child that involves any of the following:
(i) Battering, torture, or other serious physical harm.
(ii) Loss or serious impairment of an organ or limb.
(iii) Life-threatening injury.
(iv) Murder or attempted murder.
(v) Serious mental harm.” MCL 722.622(p).
•Confirmed sexual abuse “means a confirmed case that involves sexual penetration, sexual contact, attempted sexual penetration, or assault with intent to penetrate as those terms are defined in . . . MCL 750.520a.” MCL 722.622(q).
•Confirmed sexual exploitation “means a confirmed case that involves allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in a listed sexual act as that term is defined in . . . MCL 750.145c.” MCL 722.622(r).
•Confirmed case of methamphetamine production “means a confirmed case that involved a child’s exposure or contact with methamphetamine production.” MCL 722.622(o).
B.Courts and Classification of Central Registry Cases
In addition to the DHHS’s obligation to classify certain allegations as central registry cases, a trial court entering a conviction for any one of several specific offenses must request that the DHHS classify the conviction as a central registry case.1 MCL 722.627j(3). The specific convictions giving rise to the court’s duty to ask that the DHHS classify a conviction as a central registry case are:
•a conviction for violating MCL 750.136b (first-, second-, third-, and fourth-degree child abuse);
•a conviction for violating MCL 750.520a to MCL 750.520o involving a minor victim (criminal sexual conduct offenses in the Michigan Penal Code);
•a conviction for violating MCL 750.145c (child sexually abusive material or child sexually abusive activity); and
•any conviction involving a child’s death.2 MCL 722.627j(3).
C.Notification of Central Registry Case Classification
After the DHHS classifies a central registry case, it must make certain notifications within 30 days after classification. MCL 722.627j(6). The DHHS must provide written notice to “each person who is named in the record as a perpetrator of the confirmed serious abuse or neglect, confirmed sexual abuse, confirmed sexual exploitation, or confirmed case of methamphetamine production.” Id.
The notice must meet the following requirements:
•The notice must be sent by registered or certified mail, delivery must be restricted to the addressee, and the notice must be return receipt requested. MCL 722.627j(6)(a).
•The notice must indicate that the addressee has a right to request expunction of the record, and if the DHHS refuses to expunge the record, the person has a right to a hearing. MCL 722.627j(6)(b).
•The notice must indicate that the record is subject to release under MCL 722.627d. MCL 722.627j(6)(c).
•The notice must not contain the identity of the individual who reported the suspected child abuse or child neglect. MCL 722.627j(6)(d).
D.Central Registry Cases That Must Be Referred To Prosecuting Attorney
The DHHS must refer a central registry case that involves a child’s death or a child’s contact with or exposure to methamphetamine production to the prosecuting attorney3 for the county where the child is located. MCL 722.628b(1)-(2).
E.Confirming Placement on the Central Registry
An individual, office, or agency authorized to receive information confirming placement on the central registry may make a written request for the information, and the DHHS may provide it to the authorized individual, office, or agency. MCL 722.627j(12).4
1 “The [DHHS], with cooperation from the state court administrative office, must promulgate rules to regulate this referral process.” MCL 722.627j(3).
2 MCL 722.628b(1) requires the DHHS to refer a case to the prosecuting attorney for the county where the child is located when the “case involves a child’s death, serious physical harm of a child, or sexual abuse or sexual exploitation of a child.” The prosecuting attorney is obligated to review the DHHS’s investigation for compliance with the protocol prescribed in MCL 722.628(6).
3 “The prosecuting attorney must review the investigation of the case to determine if the investigation complied with the protocol adopted as required by [MCL 722.628(6)]. MCL 722.628b(2).
4 MCL 722.627j(13)-(18) contain additional information about providing confirmation of placement on the central registry to authorized individuals and entities.