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Children's Protective Services (CPS)

Read the article "Supreme Court Affirms Family Rights" - The U.S. Supreme Court strongly affirmed family rights last month when it ruled that the state couldn't interfere with a parent's chosen method of child rearing unless the parent had been deemed unfit.

 

CHILD PROTECTION LAW

from Michigan Compiled Laws: Complete Through PA 131 of 2001 - A free service provided by The Michigan Legislative Council, House of Representatives and Senate.


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.

The People of the State of Michigan enact:

Document

Description

722.621

Short title.

722.622

Definitions.

722.623

Persons required to report child abuse or neglect; oral report; written report; dismissing or penalizing staff member for making report or cooperating in investigation prohibited; transmitting report and results of investigation to prosecuting attorney or county department of social services; pregnancy of or venereal disease in child less than 12 years of age.

722.623a

Knowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.

722.624

Persons permitted to report child abuse or neglect.

722.625

Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.

722.626

Detention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.

722.627

Central 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.

722.627a

Availability of information, reports, and records to legislature; disclosure of or keeping confidential information as misdemeanor.

722.627b

Child fatality review team; membership; review of child fatality; training and orientation; creation of advisory committee; publication of annual report; transmission of report to governor and legislature; disclosure of information; member of review team as member for purposes of § 691.1407.

722.627c

Release of information from child protective services records; decision by director; determination.

722.627d

Release of information by director; preliminary decision to release or deny information; extension of time period; evidence.

722.627e

Release of information by director; prohibitions.

722.627f

Release of information by director; preliminary decision to release or deny request; notice; final decision; writing; right to appeal.

722.627g

Release of information by director; individuals to be notified.

722.627h

Appeal of director's decision.

722.627i

Fee; federal assurances and waivers.

722.628

Referring report or commencing investigation; informing parent or legal guardian of investigation; duties of department; assistance of and cooperation with law enforcement officials; procedures; proceedings by prosecuting attorney; cooperation of school or other institution; information as to disposition of report; exception to reporting requirement.

722.628a

Execution of notices by prosecuting attorney of individuals bound over to circuit court for certain crimes; notification upon final disposition; confidentiality.

722.628b

Referral of case to prosecuting attorney.

722.628c

Interview with child.

722.628d

Categories and departmental response; report to legislature.

722.629

Multidisciplinary services; biennial report; continuing education programs; dissemination of information.

722.629a

Annual report.

722.630

Lawyer-guardian ad litem.

722.631

Privileged communications.

722.632

Report to law enforcement officials or probate court.

722.632a

Investigations by hospital, school, or other agency.

722.633

Failure 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.

722.634

Religious beliefs.

722.635

Repeal of §§ 722.571 to 722.575.

722.636

Effective date.

722.637

Submission of petition for authorization under § 712A.2.

722.638

Submission of petition for authorization under § 712A.2; conditions; request for termination of parental rights; conference.

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NOTE: (ALL RESOURCES PRE-IDEA 2004 ARE FOR INFORMATIONAL/HISTORICAL RESEARCH PURPOSES ONLY)