Michigan Laws 722.928 – Department, child placing agency, and residential facility; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 722.928
- advocate: means the individual appointed to the office of child advocate under section 3. See Michigan Laws 722.922
- Central registry: means that term as defined in section 2 of the child protection law, MCL 722. See Michigan Laws 722.922
- Child: means an individual under the age of 18. See Michigan Laws 722.922
- Child placing agency: means an organization licensed or approved by the department to receive children for placement in private family homes for foster care or adoption and to provide services related to adoption. See Michigan Laws 722.922
- Complaint: 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 722.922
- Foster care: means care provided to a child in a foster family home, foster family group home, or child caring institution licensed by the department under 1973 PA 116, MCL 722. See Michigan Laws 722.922
- 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.
- Investigation: means either a preliminary investigation or a full investigation. See Michigan Laws 722.922
- Juvenile justice services: means that term as defined in section 117a of the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 722.922
- Office: means the office of the child advocate established under section 3. See Michigan Laws 722.922
- Residential facility: means a facility that provides juvenile justice services and is state operated, county operated, public, private and contracted, secure, or nonsecure. See Michigan Laws 722.922
- 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 8.3o
(1) The department, a child placing agency, and a residential facility must do all of the following:
(a) Upon the child advocate‘s request, grant the child advocate or his or her designee access to all information, records, and documents in the possession of the department, child placing agency, or residential facility that the child advocate considers relevant and necessary in an investigation.
(b) Assist the child advocate to obtain the necessary releases of those documents that are specifically restricted.
(c) Upon the child advocate’s request, provide the child advocate with progress reports concerning the administrative processing of a complaint.
(d) Upon the child advocate’s request, provide the child advocate information he or she requests under subdivision (a) within 10 business days after the request. If the department determines that release of the information would violate federal or state law, the child advocate must be notified of that determination within the same 10-day deadline.
(2) The department, an attorney involved with an adoption, a child placing agency, and a residential facility must provide information to a biological parent, legal guardian, prospective adoptive parent, or foster parent regarding the provisions of this act.
(3) The child advocate, the department, and the department of technology, management, and budget must ensure that the child advocate has access, in the child advocate’s own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, the central registry, and juvenile justice services, unless otherwise prohibited by state or federal law, or the release of the information to the child advocate would jeopardize federal funding. The cost of implementing this subsection must be negotiated among the office of the child advocate, the department, and the department of technology, management, and budget.
(4) A residential facility must conspicuously post in an area accessible to residents, employees, and visitors a description of the office of child advocate services and the contact information for the purpose of filing a complaint.
(5) During the course of an investigation conducted by the child advocate, the residential facility must ensure that a resident has anonymity, privacy, and procedures in place to accommodate interviews conducted by the office of child advocate.