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Last Updated: 11/20/2017

Children's Protective Services (CPS)

Snowfall (PDF) - This is the story of what happened to my family after an accusation of abuse was made against us by a mandated reporter. Although no abuse had ever occurred, and no evidence of abuse was ever found, we as a family were almost destroyed.


Read the article "Supreme Court Affirms Family Rights" - The U.S. Supreme Court strongly affirmed family rights last month when it ruled that the state couldn't interfere with a parent's chosen method of child rearing unless the parent had been deemed unfit.


CPS Watch "Watching our Nation's Child Protection Agencies & Workers" -


CPS logo,1607,7-124-5452_7119---,00.html


from Michigan Compiled Laws: Complete Through PA 131 of 2001 - A free service provided by The Michigan Legislative Council, House of Representatives and Senate.

Act 238 of 1975
AN ACT to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts.

History: 1975, Act 238, Eff. Oct. 1, 1975 ;--Am. 1988, Act 372, Eff. Mar. 30, 1989.

The People of the State of Michigan enact:




Short title.




Persons required to report child abuse or neglect; oral report; written report; dismissing or penalizing staff member for making report or cooperating in investigation prohibited; transmitting report and results of investigation to prosecuting attorney or county department of social services; pregnancy of or venereal disease in child less than 12 years of age.


Knowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.


Persons permitted to report child abuse or neglect.


Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.


Detention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.


Central registry; availability of confidential records; closed court proceeding not required; notice to individuals; amending or expunging certain reports and records; hearing; evidence; release of reports compiled by law enforcement agency; information obtained by citizen review panel.


Availability of information, reports, and records to legislature; disclosure of or keeping confidential information as misdemeanor.


Child fatality review team; membership; review of child fatality; training and orientation; creation of advisory committee; publication of annual report; transmission of report to governor and legislature; disclosure of information; member of review team as member for purposes of 691.1407.


Release of information from child protective services records; decision by director; determination.


Release of information by director; preliminary decision to release or deny information; extension of time period; evidence.


Release of information by director; prohibitions.


Release of information by director; preliminary decision to release or deny request; notice; final decision; writing; right to appeal.


Release of information by director; individuals to be notified.


Appeal of director's decision.


Fee; federal assurances and waivers.


Referring report or commencing investigation; informing parent or legal guardian of investigation; duties of department; assistance of and cooperation with law enforcement officials; procedures; proceedings by prosecuting attorney; cooperation of school or other institution; information as to disposition of report; exception to reporting requirement.


Execution of notices by prosecuting attorney of individuals bound over to circuit court for certain crimes; notification upon final disposition; confidentiality.


Referral of case to prosecuting attorney.


Interview with child.


Categories and departmental response; report to legislature.


Multidisciplinary services; biennial report; continuing education programs; dissemination of information.


Annual report.


Lawyer-guardian ad litem.


Privileged communications.


Report to law enforcement officials or probate court.


Investigations by hospital, school, or other agency.


Failure to report suspected child abuse or neglect; damages; violation as misdemeanor; unauthorized dissemination of information as misdemeanor; civil liability; maintaining report or record required to be expunged as misdemeanor; false report of child abuse or neglect.


Religious beliefs.


Repeal of 722.571 to 722.575.


Effective date.


Submission of petition for authorization under 712A.2.


Submission of petition for authorization under 712A.2; conditions; request for termination of parental rights; conference.


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