Michigan Laws 722.627l – Statewide electronic case management system; administrative review for expungement
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 722.627l
- Central registry: means a repository of names of individuals who are identified as perpetrators related to a central registry case in the department's statewide electronic case management system. See Michigan Laws 722.622
- Confirmed case: means the department 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. See Michigan Laws 722.622
- 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 section 520a of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 722.622
- 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 section 145c of the Michigan penal code, 1931 PA 328, MCL 750. 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
- Electronic case management system: means the child protective service information system, that is an internal data system maintained within and by the department. See Michigan Laws 722.622
- Expunge: means to physically remove or eliminate and destroy a record or report. See Michigan Laws 722.622
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
(1) An individual who is listed on the central registry before the effective date of the amendatory act that added this section may submit a request to the department for an administrative review for the expungement of the individual’s name from the statewide electronic case management system created under section 7j. Within 180 days of receipt of the request for an administrative review under this subsection, the department shall complete the review and notify the individual in writing of the final decision to expunge the individual from the central registry under the statewide electronic case management system created under section 7j or to classify the individual’s case as a confirmed case of methamphetamine production, confirmed serious abuse or serious neglect, confirmed sexual abuse, or confirmed sexual exploitation and keep the individual on the central registry in the statewide electronic case management system.
(2) If the department’s final decision after the administrative review under subsection (1) is to expunge the individual from the central registry under the statewide electronic case management system created under section 7j, then the department shall notify the director of the department responsible for the licensure of that individual or the director’s designee within 45 days of the final decision.