(1) The director shall not deny a request for specified information under section 7d based upon a desire to shield a lack of or an inappropriate performance by the department.
(2) Regardless of the director’s determination that specified information may be released under section 7d, the director shall not release the specified information if 1 or more of the following are true:
Terms Used In Michigan Laws 722.627e
- Attorney: means , if appointed to represent a child under the provisions referenced in section 10, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.622
- Child: means a person 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, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy. See Michigan Laws 722.622
- 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
- 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
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 324.51501
- Substantiated: means a child protective services case classified as a central registry case. See Michigan Laws 722.622
- Unsubstantiated: means a child protective services case the department classifies under sections 8 and 8d as category III, category IV, or category V. See Michigan Laws 722.622
(a) The request for release does not include information sufficient to identify the specific case to which the request relates.
(b) An investigation of the report of child abuse or neglect to which the specified information relates is in progress and the report has not been substantiated or unsubstantiated.
(c) A hearing is pending under section 7(6).
(d) There is an ongoing criminal investigation and, as determined by the local prosecuting attorney, release would interfere with the criminal investigation.
(e) The individual who submits the request is serving a sentence of imprisonment in a state, county, or federal correctional facility in this state or in another state.
(f) The child to whom the report or record relates is 18 years of age or older.