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Last Updated: 08/24/2017
 

New Legislation Would Allow Fingerprints/Photos of Kids with Special Health Care Needs for Identification

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Michigan Representative Ben Frederick (R-Owosso) has introduced Michigan House Bill 4137 to make it easier to find and identify children with special health care needs who become missing.
 
House Bill 4137 expands the current Child Identification and Protection Act (CIPA) to allow a parent or guardian of a child or youth with special health care needs to volunteer the child's or youth's fingerprints and photograph to the Department of State Police, or an MSP-approved entity, for the purpose of distribution if that child or youth becomes missing or a runaway. House Bill 4137 is identical to Senate Bill 36, which has been passed by the Senate.

 
Senate Bill 38 expands Public Act 120 of 1935 and includes provisions identical to those found in House Bill 4127 to apply to an individual with special health care needs. This bill was passed by the Senate on February 9, 2017.

 
"Child or youth with special health care needs" (in HB 4147) means a single or married individual under 21 years of age whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support. "Individual with special health care needs" (in SB 38) means a single or married individual whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support.

 
Fingerprinting and Photo Identification Process

 
The bills would require the creation of an online written request form on the Department of State Police website that a parent or guardian of a child or youth with special health care needs (HB 4137), or a parent or guardian of an individual with special health care needs (SB 38) could use to request a MSP-approved entity to fingerprint and digitally photography the child or youth, or individual. The fingerprints and photo would then be added to the Automated Fingerprint Identification System (AFIS) and the statewide network of agency photos maintained by the department.

 
Along with the posted form on the department's website, a list of department-approved entities must also be available. The department may charge a fee to cover the costs associated with processing the request, but the bill does not provide an amount that can be charged. The session would take place at the department, or an entity approved by the department, and the processing fee and a signed waiver are due at this session.

 
After Fingerprinting and Photo Identification

 
Once the fingerprints and digital photo are collected, the department must forward them to the Director of the Federal Bureau of Investigation (FBI) for registration, storage, and use for identification purposes by the FBI.

 
A parent or guardian may make a written request to the state police to have the fingerprints and photo removed from the AFIS database and the statewide network of agency photos. Upon receipt of this request, the MSP must remove the fingerprints and photo from the AFIS database and the statewide network of agency photos.

 
Background and Definitions

 
In addition to those already cited, the bills would add the following new definitions to be used in their new sections.

 

"Department-approved entity" means an entity, including a local law enforcement agency or a private company, approved by the Department of State Police to take the fingerprints and photograph of a child or youth with special health care needs under section 4.

 
"Guardian" means a person who has qualified as a guardian [. . .] under a parental or spousal nomination or a court order issued under the Probate Code, or the Estates and Protected Individuals Code, or the Mental Health Code. Guardian may also include a person appointed by a Tribal Court under tribal code or custom. Guardian does not include a guardian ad litem.

 
"Parent" means the natural or adoptive parent [. . .] who has either or both sole or joint legal or physical custody of the child if a court order dictating custody is in place, or the natural or adoptive parent of an individual with special health care needs if there is no court order dictating custody in place.

 
These amendments will take effect 90 days after the date they are enacted into law.

 

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