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Attorney-Client relationship.  Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
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AMENDMENT OR EXPUNCTION OF CPS RECORDS

If your name has been added the Child Abuse and Neglect Central Registry (aka the central registry) as a result
of a substantiated complaint of child abuse or neglect you may challenge the government’s decision and clear
your name.  

Clearing your name is a two-step process.

First, you or your attorney must ask the DHS to conduct an administrative review of the finding that you
neglected or abused a child.  In this action, you are known as the “petitioner.”  The goal of this review is have
your case record amended or to you’re your record on the central registry amended or expunged. The request
must be written and mailed to the local office that substantiated the complaint against you.

Within 30 days of receiving the written request, the local office must review the case record, determine the
appropriate action and inform you of its decision by mail.

The Child Protection Law (MCL 722.627(5) and (6)) authorizes the Department of Human Service (“DHS”) to
amend and expunge a Children protective Services (“CPS”) report and/or central registry information. According
to the CPS Manual, amendment means correcting specific information:

  • In the CPS case record, including the CPS Investigation Report.
  • On central registry, including deleting names of individuals.

Expunction means deleting the entire complaint from central registry; it is not the destruction of the local case
record.

Amendment to the CPS record or central registry or expunction of a record on central registry must occur:

  • To correct inaccurate information.
  • When the perpetrator requests amendment or expunction and the local office concurs.
  • When ordered by an administrative law judge after administrative hearing or rehearing, or circuit court
    order.

Local offices must consider amendment or expunction from central registry when the case record review reveals:

  • Errors in fact or missing information that can be corrected.
  • Supporting evidence was weak and would not withstand the evidentiary standards of an administrative
    hearing (a case without a preponderance of evidence).
  • Witnesses or case records are unavailable.

    PSM 717-2

Second, after DHS conducts an administrative review and refuses to expunge your name from the Child Abuse
and Neglect Central Registry, you can appeal to circuit court.  

Article 6, section 13 of the Michigan Constitution gives Michigan’s circuit court appellate jurisdiction and
supervisory and general control over “inferior tribunals,” including administrative agencies like the DHS.  

Under Michigan’s Administrative Procures Act (“APA”), you must seek review of a final agency decision in a
contested case within 60 days after the date the notice of the final decision is mailed or within 60 days after the
notice of the decision on a timely motion for rehearing before the agency is delivered or mailed.  MCL 24.304.

This will entitle you to file a brief setting forth the Agency’s errors and a hearing before a judge where you can
argue your case.

Among the reason that a court may overturn an agency’s decision are:

The decision is not supported by competent, material, and substantial evidence on the whole record; and/or
The decision contains a substantial and material error of law.

If the DHS has improperly placed your name on the central registry, we will help you have your case record amended or expunged on the central registry.
YOU CAN SUBMIT AN INSTANT EMAIL BELOW that will be immediately forwarded to a qualified attorney
who will respond with a FREE CONSULTATION by EMAIL or PHONE.
                                     LOCATIONS:

MAIN OFFICE
Livonia, Michigan
39111 W. Six Mile Road
Livonia, Michigan 48152
Tel.:  (734) 521.2501
Fax:  (800) 597.0284


    Southfield, Michigan
    Call for an appointment:  (800) 597.0284

    Bloomfield Hills, Michigan
    Call for an appointment:  (888) 443-4146

    Novi, Michigan
    Call for an appointment:  (800) 545-8930
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