Michigan Laws 722.627g – Release of information by director; individuals to be notified; Wyatt’s law
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 722.627g
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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 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 722.622Department: 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 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l 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) If the director decides to release specified information under section 7d, the department must give each notice required under section 7f to each of the following:
(a) Each person named in the report as a perpetrator or an alleged perpetrator of the child abuse or child neglect, unless the person named in the report has been convicted of a crime relating to the child abuse or child neglect, and no appeal is pending.
(b) Each parent or legal guardian of the child.
(c) Each attorney representing the child who is the subject of the case, or representing a person listed in subdivision (a) or (b), if the department has notice of that representation.
(d) The child’s guardian ad litem.
(2) If the director denies a request for release of information under section 7d, the department must notify only the requesting person.
(3) If a person required to be notified under subsection (1)(a) is named as a perpetrator of child abuse or child neglect in a report that contains specified information requested to be released, and that person was not previously notified under section 7j(3), the department must notify that person as required by section 7j(3) not less than 14 days before the specified information is released. If a person who is required to be notified under this subsection requests expunction of the record within 14 days after the notice is given, the specified information shall not be released under this section until the procedures governing expunction under section 7j are completed. If a person who is required to be notified under this subsection does not request expunction within 14 days, the procedures for release of specified information under section 7c to 7i must be followed, and the individual does not have a right to appeal the decision to release.
(4) This section may be cited as “Wyatt’s law”.