DEPARTMENT OF HEALTH AND HUMAN SERVICES

BUREAU OF CHILDREN’S SERVICES AGENCY

PLACEMENT ON CENTRAL REGISTRY AFTER CRIMINAL

CONVICTION

(By authority conferred on the department of health and human services by section 7j of

the child protection law, 1975 PA 238, MCL 722.627j)

R 400.201 Definitions.

Rule 1. (1) As used in these rules:

(a) “Act” means the child protection law, 1978 PA 238. MCL 722.621 to 722.638.

(b) “Conviction” means a formal declaration that an individual is guilty of a criminal

offense, by the verdict of a jury or the decision of a judge in a court of law.

(d) “Department” means the department of health and human services.

(e) “Expunction” means removal of a record or report.

(f) “Individual” means the person convicted of a specific crime and whose conviction

warrants placement on the central registry.

(g) “SCAO” means the state court administrator’s office, which is the office under this

state’s judicial branch that provides guidance and management to trial courts statewide.

(2) Terms defined in the act have the same meanings when used in these rules.

History: 2022 MR 20, Eff. November 11, 2022.

R 400.202 Department process after receipt of central registry placement from the

court.

Rule 2. (1) The department shall create a central point of contact for the receipt of all

requests from the courts for placement of an individual on the central registry.

(2) After receipt of the request and conviction order from the court, the department shall

review the request for a determination of placement on the central registry.

(3) If the department’s review results in placement, the placement must occur within 30

business days after receipt of the order.

(4) The central registry placement date must be the date of the conviction order.

(5) The department shall coordinate with SCAO in the creation of forms for an

individual’s placement on the central registry.

History: 2022 MR 20, Eff. November 11, 2022.

R 400.203 Multiple placements on the central registry.

Rule 3. If it is determined that an individual named in the criminal conviction order for

placement is currently on the central registry for a confirmed central registry case for the

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same offense investigated by the department, both placements must remain on the central

registry.

History: 2022 MR 20, Eff. November 11, 2022.

R 400.204 Department’s notification to an individual of placement on the central

registry.

Rule 4. Once an individual is placed on the central registry because of the individual's

conviction, the department shall mail notification of the placement on the central registry

to an individual by registered or certified mail, return receipt requested, and restricted

delivery to the addressee. The department shall include language in the notification of an

individual’s right to a hearing before the convicting court and, if applicable, the

department, for expunction of the placement.

History: 2022 MR 20, Eff. November 11, 2022.

R 400.205 Expunction request.

Rule 5. (1) An individual requesting an expunction from the central registry because of

a criminal conviction shall file a motion in the court of conviction to request an

expunction by that court. The court may deny the request or issue a request to the

department for expungement. An individual may only request expunction based on either

of the following:

(a) Demonstrating that the individual was not convicted of an offense listed under

section 7j(3) of the act, MCL 722.627j.

(b) Demonstrating that the individual's conviction of the offense that caused the

individual to be placed on the central registry has been expunged.

(2) If an individual is placed on the central registry by the department’s substantiation

for the same offense as placement for the criminal conviction, the individual requesting

expunction must request expunction through both the department and the court of

conviction.

History: 2022 MR 20, Eff. November 11, 2022.

R 400.206 Expunction finding by court.

Rule 6. (1) After receipt of a request from the court for an individual to be removed

from the central registry, the department shall review the court’s request and determine

whether removal is warranted.

(2) The court’s request for removal from the central registry is based on the criminal

conviction only. If an individual has a placement for the same offense because of the

department’s investigation and substantiation of a central registry placement, the

individual shall file an administrative request for review and hearing with the department

for removal of the department’s placement.

(3) After an individual is removed from the central registry, notification of the

removal must be sent to the individual and the court of conviction, by first class mail.

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