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Children’s Protective Services (CPS) cases that result in confirmed methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation will be classified as a central registry case in Michigan. In addition, select criminal convictions involving children will result in placement on central registry. Statutory language outlining these requirements can be found on the Michigan Legislature’s website.
Initial Notification of Central Registry Placement and Due Process Rights
Under the Child Protection Law, you have a right to be notified that your name was placed on central registry. The notification of placement is sent to you by either registered or certified mail, return receipt requested, or delivery restricted to the addressee. The notification of placement informs you of the following:
- That your name was placed on central registry and for which criteria.
- A disclaimer on allowances for dissemination.
- What to do if you believe the case record is inaccurate.
Under the Child Protection Law, you have the right to seek amendment of an inaccurate report or record from central registry by requesting the Michigan Department of Health and Human Services (MDHHS) amend the report or record. If MDHHS denies the request, you may request an administrative hearing.
Your written request for administrative hearing must be made within 180 days from the date you were served with the notification of your placement on central registry. If your request is made timely, an administrative hearing will be requested to determine by a preponderance of the evidence whether the report or record meets the statutory requirement for confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation. You must submit your request in writing to your local DHHS office. Note: An administrative hearing may be scheduled if it is determined that your request for hearing was made within 60 days after the 180-day period expired and there is good cause for delay.
Request for Expungement after Ten Years of Placement
Not more than once every 10 years after an individual has been listed on the central registry following a children’s protective services investigation, the individual may request a hearing regarding removal from the central registry. Except for confirmed sexual abuse or confirmed sexual exploitation, the department must hold a hearing before an administrative law judge to determine whether the information should be maintained on the central registry. The individual is presumed to be a risk to children and the burden of proof is on the individual requesting to be removed from the central registry. If the individual demonstrates that the presumption is unreasonable, then the information must be expunged from the central registry. The facts that resulted in the individual originally being placed on central registry are not subject to review.
Requests must be submitted in writing to your local DHHS office.
Request for Expungement for Criminal Convictions
At any time, an individual who has been placed on the central registry for a conviction may request, and the court shall request, an individual’s name be removed from the central registry upon the individual prevailing in a motion to the convicting court if:
- The individual was not convicted of an offense listed
- the individual’s conviction of the offense that caused the individual to be placed on the central registry has been expunged.
Not more than once every 10 years after an individual has been placed on the central registry for a conviction, the individual may make a motion to the convicting court to request removal from the central registry. The individual is presumed to be a risk to children, and the burden is on the individual requesting to be removed from the central registry. If the individual demonstrates that the presumption is unreasonable, the court shall request that the department remove the individual from the central registry.
All requests for expungement for a criminal conviction must be made through a motion to the convicting court.
Central Registry Reform
Trial Court Central Registry Placement or Removal
FOR TRIAL COURT USE ONLY
For trial court requests for central registry placement or removal in relation to a criminal conviction that occurred on or after November 1, 2022, complete the MDHHS-6023, Request for Central Registry Placement or Removal form and send the form, along with the Order of Conviction (Judgement of Sentence) or the Order Granting the Request for Removal, to MDHHS-CriminalConviction-Central-RegistryRequests@michigan.gov.
Central Registry Clearance Request
Clearance requests are limited to certain employers, agencies, state officials, and individuals with appropriate authorization, signature, and identification. Upon the department’s review of a clearance request, the following will occur:
- A response letter will be sent within ten business days to the individual or authorized requester seeking a central registry clearance on an individual.
- With written consent on the DHS-1929 by the individual being cleared, a copy of the results of the central registry clearance will be provided to authorized individuals and/or agencies listed on the request.
For more information, or to submit a Central Registry Clearance Request, visit: Central Registry Clearance Requests (michigan.gov)