Michigan Laws 722.627d – Release of information by director; preliminary decision to release or deny information; extension of time period; evidence
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Terms Used In Michigan Laws 722.627d
- Child: means an individual under 18 years of age. See Michigan Laws 722.622
- Child abuse: means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 years of age or older who is involved with a youth program. See Michigan Laws 722.622
- Child neglect: means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:
(i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care. See Michigan Laws 722.622Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Department: means the department of health and human services. See Michigan Laws 722.622 Director: means the director of the department. See Michigan Laws 722.622 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Specified information: means information in a children's protective services case record related specifically to the department's actions in responding to a complaint of child abuse or child neglect. See Michigan Laws 722.622
(1) Subject to section 7c to 7i, at the director‘s initiative or upon written request, the director may release specified information. If a written request for specified information is submitted to the department, the director must make a preliminary decision to release or to deny release of the specified information within 14 days after receipt of the request. After notifying the requester, the director may extend that time period for an additional 14 days if the additional time is necessary to research and compile the requested specified information.
(2) The director may release specified information under this section if there is clear and convincing evidence that either of the following is true:
(a) The release of the specified information is in the best interest of the child to whom the specified information relates.
(b) The release of the specified information is not in conflict with the best interest of the child to whom the specified information relates, and 1 or more of the following are true:
(i) The release is in the best interest of a member of the child’s family or of an individual who resides in the same home in which the child resides. For the purposes of this subparagraph, the child’s family includes the child’s parents, legal guardians, grandparents, and siblings.
(ii) The release clarifies actions taken by the department on a specific case.
(iii) The report or record containing the specified information concerns a child who has died or concerns a member of that child’s family.
(iv) All or part of the report or record containing the specified information is publicly disclosed in a judicial proceeding.
(v) A child abuse or child neglect complaint or investigation to which the report or record containing the specified information relates has been part of the subject matter of a published or broadcast media story.
(vi) The report or record containing the specified information concerns a confirmed report of sexual abuse, serious injury, or life threatening harm involving the child or a sibling of the child identified in the request.