SB 605

SENATE BILL NO. 605
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 7 (MCL 722.627), as amended by 2023
PA 305.
the people of the state of michigan enact:
Sec. 7. (1)
Unless made public as specified information released under section 7d, a
written report, document, or photograph filed with the department as provided
in this act is a confidential record available only to 1 or more of the
following:
(a) A legally mandated public or private child protective
agency investigating a report of known or suspected child abuse or child
neglect or a legally mandated public or private child protective agency or
foster care agency prosecuting a disciplinary action against its own employee
involving child protective services or foster care records.
(b) A police agency or other law enforcement agency
investigating a report of known or suspected child abuse or child neglect.
(c) A physician who is treating a child whom the physician
reasonably suspects may be abused or neglected.
(d) A person legally authorized to place a child in protective
custody when the person is confronted with a child whom the person reasonably
suspects may be abused or neglected and the confidential record is necessary to
determine whether to place the child in protective custody.
(e) A person, agency, or organization, including a
multidisciplinary case consultation team, authorized to diagnose, care for,
treat, or supervise a child or family who is the subject of a report or record
under this act, or who is responsible for the child's health or welfare.
(f) A person named in the report or record as a perpetrator or
alleged perpetrator of the child abuse or child neglect or a victim who is an
adult at the time of the request, if the identity of the reporting person is
protected as provided in section 5.
(g) A court for the purposes of determining the suitability of
a person as a minor's guardian or that otherwise determines that the
information is necessary to decide an issue before the court, or in the event
of a child's death, a court that had jurisdiction over that child under section
2(b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(h) A grand jury that determines the information is necessary
to conduct the grand jury's official business.
(i) A person, agency, or organization engaged in a bona fide
research or evaluation project. The person, agency, or organization shall not
release information identifying a person named in the report or record unless
that person's written consent is obtained. The person, agency, or organization
shall not conduct a personal interview with a family without the family's prior
consent and shall not disclose information that would identify the child or the
child's family or other identifying information. The department director may
authorize release of information to a person, agency, or organization described
in this subdivision if the release contributes to the purposes of this act and
the person, agency, or organization has appropriate controls to maintain the
confidentiality of personally identifying information for a person named in a
report or record made under this act.
(j) A lawyer-guardian ad litem or other attorney appointed as
provided by section 10.
(k) A child placing agency licensed under 1973 PA 116, MCL
722.111 to 722.128, for the purpose of investigating an applicant for adoption,
a foster care applicant or licensee or an employee of a foster care applicant
or licensee, an adult member of an applicant's or licensee's household, or
other person in a foster care or adoptive home who is directly responsible for
the care and welfare of children, to determine suitability of a home for
adoption or foster care. The child placing agency must disclose the information
to a foster care applicant or licensee under 1973 PA 116, MCL 722.111 to
722.128, or to an applicant for adoption.
(l)
Family division of circuit court staff authorized by the court to investigate
foster care applicants and licensees, employees of foster care applicants and
licensees, adult members of the applicant's or licensee's household, and any
other person in the home who is directly responsible for the care and welfare
of children, for the purpose of determining the suitability of the home for
foster care. The court must disclose this information to the applicant or
licensee.
(m) Subject to section 7a, a standing or select committee or
appropriations subcommittee of either house of the legislature having
jurisdiction over child protective services matters.
(n) The child advocate appointed under the office of the child
advocate act, 1994 PA 204, MCL 722.921 to 722.932.
(o) A child fatality review team established under section 7b
and authorized under that section to investigate and review a child death.
(p) A county medical examiner or deputy county medical
examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for the purpose of
carrying out his or her the medical examiner's duties
under that act.
(q) A citizen review panel established by the department.
Access under this subdivision is limited to information the department
determines necessary for the panel to carry out its prescribed duties.
(r) A child care regulatory agency.
(s) A foster care review board for the purpose of meeting the
requirements of 1984 PA 422, MCL 722.131 to 722.139a.
(t) A local friend of the court office.
(u) A department employee actively representing himself or herself themself in a
disciplinary action, a labor union representative who is actively representing
a department employee in a disciplinary action, or an arbitrator or
administrative law judge conducting a hearing involving a department employee's
dereliction, malfeasance, or misfeasance of duty, for use solely in connection
with that action or hearing. Information disclosed under this subdivision must
be returned not later than 10 days after the conclusion of the action or
hearing. A recipient must not receive further disclosures under this
subdivision while he or
she the
recipient retains disclosed information beyond the deadline
specified for return.
(v) A federal or state governmental agency that may, by law,
conduct an audit or similar review of the department's activities under this
act.
(w) A children's advocacy center in the course of providing
services to a child alleged to have been the victim of child abuse or child
neglect or to that child's family.
(x) A tribal representative, agency, or organization,
including a multidisciplinary team, authorized by the Indian child's tribe, to
care for, diagnose, treat, review, evaluate, or monitor active efforts
regarding an Indian child, parent, or Indian custodian. As used in this
subdivision, "active efforts", "Indian child", "Indian
child's tribe", "Indian custodian", and "parent" mean
those terms as defined in section 3 of chapter XIIB of the probate code of
1939, 1939 PA 288, MCL 712B.3.
(y) A child caring institution licensed under 1973 PA 116, MCL
722.111 to 722.128, for the purpose of investigating an applicant for
employment or an employee of a child caring institution to determine
suitability of the applicant or employee for initial or continued employment.
The child caring institution must disclose the information to the applicant or
employee.
(z) An
individual who is a state legislator at the time of the request.
(aa) A
member of the media. As used in this subdivision, "member of the
media" means a news reporter or a press photographer who holds valid press
identification credentials.
(2) Subject to subsection (4), a person or entity to whom
information described in subsection (1) is disclosed shall make the information
available only to a person or entity described in subsection (1). This
subsection does not require a court proceeding to be closed that otherwise
would be open to the public.
(3) In releasing information under this act, the department
shall not include a report compiled by a police agency or other law enforcement
agency related to an ongoing investigation of suspected child abuse or child
neglect. This subsection does not prohibit the department from releasing
reports of convictions of crimes related to child abuse or child neglect.
(4) A member or staff member of a citizen review panel shall
not disclose identifying information about a specific child protection case to
an individual, partnership, corporation, association, governmental entity, or
other legal entity. A member or staff member of a citizen review panel is a
member of a board, council, commission, or statutorily created task force of a
governmental agency for the purposes of section 7 of 1964 PA 170, MCL 691.1407.
Information obtained by a citizen review panel is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(5) Documents, reports, or records authored by or obtained
from another agency or organization shall not be released or open for
inspection under subsection (1) unless required by other state or federal law,
in response to an order issued by a judge, magistrate, or other authorized
judicial officer, or unless the documents, reports, or records are requested
for a child abuse or child neglect case or for a criminal investigation of a
child abuse or child neglect case conducted by law enforcement.
(6) Notwithstanding subsection (1), information or records in
the possession of the department or the department of licensing and regulatory
affairs may be shared to the extent necessary for the proper functioning of the
department or the department of licensing and regulatory affairs in
administering child welfare or child care organization licensing under 1973 PA
116, MCL 722.111 to 722.128, or in an investigation conducted under section 43b
of the social welfare act, 1939 PA 280, MCL 400.43b. Information or records
shared under this subsection shall not be released by either the department or
the department of licensing and regulatory affairs unless otherwise permitted
under this act or other state or federal law. Neither the department nor the
department of licensing and regulatory affairs shall release or open for
inspection any document, report, or record authored by or obtained from another
agency or organization unless 1 of the conditions of subsection (5) applies.