The Michigan Department of Health and Human Services (DHHS) maintains the Central Registry of Child Abuse and Neglect. It contains the names of individuals identified by Children’s Protective Services as perpetrators in confirmed cases of abuse or neglect, sexual abuse, medical neglect, educational neglect, sexual exploitation, or unexplained physical harm involving a child.
When DHHS places your name on Michigan’s CPS Central Registry, it can seriously affect your employment, professional licensing, and reputation. Fortunately, the Michigan Child Protection law provides several legal avenues to challenge, amend, or remove your name from the central registry. Before we move on, our CPS defense team wants to clarify that the CPS Central Registry is not generally available to the public. Instead, it is a confidential list that is accessible only to a limited number of people, including CPS, courts, a limited number of employers, etc. This registry is not the same as Michigan’s sex offender registry, which is publicly available online.
Amending an Inaccurate Report or Record
You may request that DHHS make an amendment to the report or record placing you on the Registry if you believe it is inaccurate. You must submit this written request within 180 days of being notified that you are placed on the Michigan CPS Central Registry. If CPS denies your request, you have the right to request a hearing to contest the denial before an administrative law judge. These hearings are complex and require extensive preparation and legal understanding of Michigan’s administrative code.
Removal or Expungement from the Central Registry
The process to remove or expunge your name from the CPS Central Registry depends on the circumstances of your case.
- Dismissal of the Underlying Case
If the court dismisses a Children’s Protective Services petition after trial because the petitioner failed to prove grounds for jurisdiction, Michigan law requires DHHS to expunge your name from the CPS Central Registry after all appeals are exhausted.
- Hearing for Removal After Time Has Passed
Individuals (except those with confirmed sexual abuse or sexual exploitation) may request removal once every 10 years. At this hearing, the law presumes that you pose a risk to children; your attorney must prove by a preponderance of the evidence that this presumption is unreasonable, and the administrative law judge will consider only events that occurred after DHHS placed you on the registry.
- Conviction-Based Placement
If your placement was due to a conviction listed in (such as child abuse or certain criminal sexual conduct crimes), you may petition the convicting court for removal no more than once every 10 years.
Administrative Review for Older Cases
Individuals placed on the registry before November 1, 2022, may request an administrative review. DHHS must decide within 180 days whether to expunge your name or retain it for certain confirmed severe cases.
Importance of Legal Representation
Navigating complex legal issues and strict procedural rules is challenging and difficult even for the most experienced trial attorneys. Missing deadlines, misunderstanding evidentiary burdens, not understanding Michigan’s administrative law, or failing to present proper documentation can permanently affect your chances of removal. Ultimately, you must seek experienced legal counsel before beginning this process.
An experienced Michigan CPS defense attorney can:
- Evaluate whether your case meets statutory removal criteria.
- Prepare persuasive amendment or expunction petitions.
- Represent you effectively at administrative hearings.
- Ensure all filing deadlines and procedural rules are met.
At The Kronzek Firm, we understand the stress involved when CPS gets involved in your life. We have decades of experience defending people in CPS cases. Challenging your placement on the CPS Central Registry can protect your employment, licensing, and reputation. Contact us today and let us help you fight for your removal from the Registry.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 800-KRONZEK (800 576-6035) or emailing us at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]