MDHHS Expunction from the Michigan Central Registry

The Michigan Child Abuse and Neglect Central Registry (Central Registry) is a repository of names of individuals identified as perpetrators of child abuse or neglect with confirmed cases of serious abuse or neglect, sexual abuse, sexual exploitation of a child, or child exposure or contact with methamphetamine production. The Child Protection Law (CPL), MCL 722.621 et seq., requires the Michigan Department of Health and Human Services (MDHHS) to maintain the Central Registry. More information about the Central Registry is available at the MDHHS website here.

Your name is on the Central Registry either because (1) the Michigan Department of Health and Human Services (MDHHS) determined that you are the perpetrator of child abuse and/or child neglect and the Child Protection Law requires that your name be placed on the Central Registry or (2) you were convicted of a crime identified in MCL 722.627j(3) that requires placement on the Central Registry.

If your name was placed on the Central Registry because of a Child Protective Services (CPS) case or if you want to amend an inaccurate report or record, send your request to a local MDHHS office. If you request to have your name removed from the Central Registry, your request will cover all placements on the Central Registry as of the date you submit your hearing request to MDHHS. If you are placed on the Central Registry after you submit your hearing request and dispute that placement, you will have to file a new hearing request concerning that placement. If you are placed on the central registry because of a court conviction, you do not have a right to an administrative hearing. Only the convicting court can address central registry placements made because of criminal convictions.

1. If MDHHS determines that your name will remain on the Central Registry for a listing related to a CPS investigation, it will forward your hearing request, as well as documents it used to decide that your name should be placed on the Central Registry, to the Michigan Office of Administrative Hearings and Rules (MOAHR).
   MDHHS will send you a copy of these documents as well.
2. If MDHHS requests that your hearing request be dismissed, a MOAHR administrative law judge (ALJ) will review the request to see if there is a legal basis for dismissal.
   You can send MOAHR any responses you have to MDHHS’s dismissal request. If the ALJ determines that there is a legal basis for dismissal, MOAHR will issue an “Order of Dismissal.” This means MOAHR will not schedule a hearing, and your name will remain on the Central Registry.
3. If MDHHS does not request dismissal or if MDHHS’s dismissal request is denied, MOAHR will schedule a hearing with an ALJ.
   An ALJ is an impartial factfinder who will decide if MDHHS properly placed your name on the Central Registry and if your name should be expunged from the Central Registry and/or the MDHHS record should be amended.
4. What if I’m not available on the hearing date or no longer want the hearing?
   If you cannot participate in the hearing on the date scheduled, immediately send MOAHR a written request to reschedule your hearing along with an explanation for the request. If your request is granted, you’ll receive an “Order of Adjournment” that will include a Notice of Hearing with a new hearing date and new access information. If you no longer want your hearing, send MOAHR a written statement. If your request to reschedule or cancel the hearing is not approved, you should join the hearing as scheduled. Please include your name and docket number from the Notice of Hearing on anything you send MOAHR.
5. The agency will send you a hearing packet that contains the documents it will present to the ALJ at the hearing.
   Review those documents and have them available at the hearing. Those are the documents that MDHHS will use to explain why it listed your name on the Central Registry.
6. You will have the chance to send MOAHR and MDHHS documents you want admitted into evidence at the hearing.
   You should send those documents to MOAHR and MDHHS before the hearing date, At the hearing, you will have to present the documents to the ALJ and ask that they be admitted into evidence. The ALJ will decide whether the documents are relevant.

If you want to know about the rules that apply at the hearing, go to MOAHR Uniform Hearing Rules and click on the PDF file. The ALJ’s decision will be based on the CPL found here and applicable MDHHS policy found here. Because a party may not talk to the ALJ if the other party is not present, you can only talk to the ALJ about your case at the hearing.

You can represent yourself at the hearing, or you can have a family member or friend represent you. If someone else will represent you, you must let MOAHR know in writing before the hearing. If you want an attorney, you can hire one at your expense. MOAHR does not provide legal assistance.

The ALJ will start the hearing and explain the hearing process. The hearing will be recorded and controlled by the ALJ. Each party will get to explain their case under oath, present documents into evidence, object on legal grounds to evidence the other side wants to admit into evidence, present witnesses, and question the other party’s witnesses. A party’s rights are subject to the ALJ’s rulings which may include limiting the number of witnesses, deciding what evidence is admissible, and excluding repetitious or irrelevant testimony. The ALJ will make a decision based on the exhibits (documents admitted into evidence), the parties’ sworn testimony, and the applicable law found here and policy found here.

You will receive the ALJ’s written decision by mail after the hearing. Let MOAHR know if you change your mailing address.

The hearing decision or order will explain your options if you do not agree with the ALJ’s decision.

If you don’t join the hearing, it is likely that a hearing will be held without you. MDHHS will present its evidence, and the ALJ will consider only this evidence in determining whether your name should be expunged from the Central Registry. If you want the ALJ to set aside the decision made without your participation, you must send the ALJ a written, timely request for a rehearing and provide a good cause reason for failing to appear. Include your name and the docket number for your case in any writing you send MOAHR.