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Earthbound Misfit I
10-12-2008, 03:50 PM
Please post Michigan's Laws/Alerts in Place here.

SieSie
10-13-2008, 03:43 PM
Michigan Amber Alerts (http://www.amberalertmichigan.org/)

capoly
01-11-2009, 07:43 PM
MICHIGAN STATE POLICE
SPECIAL OPERATIONS DIVISION
PREVENTION SERVICES SECTION


EAGLE EYE/CHILD NET PROGRAM
A partnership between the United States Postal Service and the clearinghouse, that utilizes postal carriers to search for missing children. Postal carriers are provided a missing child flier, and while they are on their normal delivery routes they search for the child.

AMBER ALERT
Amber Alert is dedicated to act as a liaison between law enforcement and the media, to quickly disseminate information on an endangered missing child to the public. Working together, the Michigan Association of Broadcasters, Michigan Association Chiefs of Police, Michigan Sheriff’s Association, Michigan Department of Transportation, and the Michigan Department of State Police support the Michigan Amber Alert program.

Amber Alert Criteria
The child is in the company of a person who has a confirmed history of child abuse/neglect, sexual assault, domestic assault or a crime involving victimization of children; or
The person with the child has made statements of intent to harm the child or is suicidal; or
The child has been taken by a non-custodial parent whose parental rights have been terminated by a court; or
The child has a severe mental or physical disability that greatly impairs the child’s ability to care for his or herself.

LOCATER
A computerized program supplied by the National Center for Missing and Exploited Children (NCMEC) that electronically creates and disseminates images and case information on a missing child. This system allows law enforcement to create missing children posters, and place the missing children images on the NCMEC website.

http://www.michigan.gov/msp/0,1607,7...3258--,00.html

TRAK (Technology to Recover Abducted Kids)
TRAK is a state-of-the-art computer system that assists public safety agencies by electronically producing and instantaneously distributing color fliers of missing children. TRAK shares information on missing children with the general public, schools, businesses, and other state and federal agencies within minutes.
http://audgen.michigan.gov/digests/01_02/5514101.htm


LEIN- LAW ENFORCEMENT INFORMATION NETWORK
LEIN is a statewide repository of missing persons; persons for whom warrants have been issued; and vehicles that are abandoned, stolen, or impounded. LEIN interfaces with a multitude of databases and information is available from multiple sources including various state, federal and international databases. Users can retrieve and enter data from these sources.
LEIN is accessed through a browser application, allowing you more flexibility in printer and computer options. The browser application allows Michigan to comply with mandated federal regulations requiring public networks be protected using 128-bit encryption. Browser - based applications also permit rapid deployment of changes, increased flexibility, and decreased maintenance. LEIN is a valuable tool that all law enforcement agencies need to ensure the safety of their officers and the citizens they protect and serve. During a time when Homeland Security is at the forefront of all our minds, LEIN can provide an information network to assist with officer and citizen safety.

http://www.michigan.gov/documents/Brochure_112596_7.pdf

capoly
01-11-2009, 07:46 PM
MICHIGAN ACTS


AN ACT relative to evidence of death or status of missing persons; and to provide for the receipt of such evidence in any court, office, or other place in this state.
MISSING PERSONS (EXCERPT)
Act 44 of 1947


720.501 Missing persons; finding of presumed death; prima facie evidence. Sec. 1.A written finding of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such finding, pursuant to the federal missing persons act (56 Stat. 143, 1092, and 58 Stat. 679; 50 U.S.C. App. 1001-17), as now or hereafter amended or supplemented, or a duly certified copy of such finding, shall be received in any court, office or other place in this state as prima facie evidence of the death of the person therein found to be dead, and the date, circumstances and place of his disappearance. History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.501
http://legislature.mi.gov/doc.aspx?mcl-720-501

720.502 Missing, interned or captive persons; report, prima facie evidence. Sec. 2.An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by the act referred to in section 1 or by any other law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, as the case may be. History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.502
http://legislature.mi.gov/doc.aspx?mcl-720-502

720.503 Findings, reports and records; signature of federal officer deemed evidence of authority; certified copy. Sec. 3.
For the purposes of sections 1 and 2 of this act any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.503
http://legislature.mi.gov/doc.aspx?mcl-720-503



UNIFORM CRIME REPORTING SYSTEM (EXCERPT)
Act 319 of 1968


28.258 Definitions; certain persons reported missing; preliminary investigation; entering information into LEIN, national crime information center, and clearinghouse; dental records; retaining and broadcasting information; forwarding information to registrar; notice and information to last known school district; request that registrar and school district be notified; emancipated missing child; cancellation of information; policy preventing immediate investigation prohibited; unidentified body; unknown identity of individual found.
Sec. 8.
(1) As used in this section and section 9:
(a) "Child" means an individual less than 17 years of age.
(b) "Clearinghouse" means the missing child information clearinghouse established under section 9.
(c) "Department" means the department of state police.
(d) "Law enforcement agency" means the department; a police agency of a city, village, or township; a sheriff's department; or any other governmental law enforcement agency in this state.
(e) "LEIN" means law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(f) "Registrar" means the state registrar as defined in section 2805 of the public health code, 1978 PA 368, MCL 333.2805.
(2) If an individual who is any of the following is reported missing, the law enforcement agency receiving the report, after conducting a preliminary investigation, shall immediately enter the information described in subsection (3) regarding that individual into the LEIN, the national crime information center, and if the individual is a child, the clearinghouse:
(a) An individual who has a physical or mental disability as evidenced by written documentation from a physician or other authoritative source. As used in this act, "mental disability" includes Alzheimer's disease and dementia.
(b) An individual who was in the company of another individual under circumstances indicating that the individual's physical safety may be in danger.
(c) An individual who disappeared under circumstances indicating that the disappearance was not voluntary.
(d) A child not described in subdivision (a), (b), (c), or (f).
(e) An individual not described in subdivision (a), (b), (c), or (f), who is believed to be incapable of returning to his or her residence without assistance.
(f) An individual who is missing as the result of a natural or intentionally caused catastrophe or extraordinary accident that causes the loss of human life.
(3) The information to be entered into the LEIN, the national crime information center, and the clearinghouse under subsection (2) shall include all of the following, if available:
(a) The name and address of the individual.
(b) The vital statistics of the individual, including a physical description, and if the missing individual is a child, the child's date of birth, state of birth, and if possible, mother's maiden name.
(c) The date the individual was missing and, if the missing individual is a child under subsection (2)(d), the date the child becomes 17 years of age.
(d) Any other information that may assist in the location of the individual, as determined by the department and the LEIN policy council.
(4) If subsections (2) and (3) have been complied with and the individual is not found within 30 days, the law enforcement agency that received the report under subsection (2) shall seek the dental records of the individual under section 2844a of the public health code, 1978 PA 368, MCL 333.2844a. The information from the dental records shall be entered into the national crime information center and, if the individual is a child, the clearinghouse by the law enforcement agency.
(5) The LEIN shall retain the information under subsection (3) reported to it until the law enforcement agency that entered the information cancels the information.
(6) The law enforcement agency receiving a report of a missing individual described in subsection (2) may, or if the individual is a child and subject to the policy established by the clearinghouse, or if the individual has Alzheimer's disease or dementia or is believed to be incapable of returning to his or her residence without assistance, shall, broadcast the information described in subsection (3) over the LEIN to all of the following:
(a) All law enforcement agencies having jurisdiction of the location where the missing individual lives or was last seen.
(b) Any other law enforcement agency that potentially could become involved in locating the missing individual.
(c) All law enforcement agencies to which the individual who reported the individual missing requests the information be sent, if the request is reasonable.
(7) If 14 days have elapsed since the law enforcement agency has received a report that a child who was born in this state is missing, and the agency has not been notified of the child's return, the LEIN shall forward on-line the information described in subsection (3) to the registrar via the registrar's restricted access LEIN terminal.
(8) If 14 days have elapsed since the law enforcement agency has received a report of a missing child and the agency has not been notified of the child's return, the agency, if it has reason to believe that a missing child may be enrolled in a school district in this state, shall notify in writing the child's last known local school district or intermediate school district that the child is missing and shall provide the school district with the information described in subsection (3).
(9) A parent or legal guardian of a child missing before June 29, 1987, may notify a law enforcement agency that he or she wants the registrar and school district notified pursuant to subsections (7) and (8). Upon receiving the request, the law enforcement agency shall proceed as provided in subsections (7) and (8).
(10) On the seventeenth birthday of a child who has been reported missing pursuant to subsection (2)(d), any information entered into the LEIN regarding that child shall be retained and the child shall be considered to be an emancipated missing child until the information is canceled by the law enforcement agency that entered the information into the network. If the information entered into the LEIN regarding a child missing as prescribed by subsection (2) is canceled, the law enforcement agency that entered the information into the network shall inform the registrar and school district notified as prescribed by subsection (7) of the cancellation.
(11) A law enforcement agency shall not establish or maintain a policy that prevents an immediate investigation as soon as practical regarding an individual described in subsection (2) who is reported missing.
(12) When the unidentified body of a deceased individual is found, the law enforcement agency receiving the report, after conducting a preliminary investigation, shall immediately enter the following information, if available, into the national crime information center and, if the body is that of a child, into the clearinghouse:
(a) The physical description of the unidentified body and whether footprints, body X-rays, and fingerprint classifications are available.
(b) The date the body was found and the cause and manner of death.
(c) What body parts are found if the body is dismembered.
(d) Dental examination records obtained under section 2844a of the public health code, 1978 PA 368, MCL 333.2844a.
(e) Any other information that would assist in the identification of the body, as determined by the department and the LEIN policy council.
(13) When an individual is found whose identity is unknown and cannot be readily determined, the law enforcement agency receiving the report, after conducting a preliminary investigation, shall enter the following information into the national crime information center and, if the individual is a child, into the clearinghouse:
(a) A physical description of the individual.
(b) Any other information that would assist in the identification of the individual, as determined by the department and the LEIN policy council.

History: Add. 1985, Act 204, Eff. Mar. 1, 1986 ;-- Am. 1987, Act 82, Imd. Eff. June 29, 1987 ;-- Am. 1995, Act 39, Imd. Eff. May 22, 1995 ;-- Am. 2002, Act 718, Imd. Eff. Dec. 30, 2002 ;-- Am. 2006, Act 450, Imd. Eff. Dec. 14, 2006
http://legislature.mi.gov/doc.aspx?mcl-28-258

(continued below)

capoly
01-11-2009, 07:48 PM
UNIFORM CRIME REPORTING SYSTEM (EXCERPT)
Act 319 of 1968

28.259 Missing children information clearinghouse; establishment; administration; supervision; services; duties; location of child; compliance.
Sec. 9.
(1) A missing children information clearinghouse is established in the department. Except as otherwise provided in this section, the department shall administer the clearinghouse as a central repository of information regarding missing children, which information shall be collected and disseminated to assist in the location of missing children. The department director shall designate an individual to supervise the clearinghouse. To the extent money is available, the department shall establish services considered appropriate to aid in the location of missing children.
(2) In providing a centralized file for exchange of information on missing children within the state, the clearinghouse shall do all of the following:
(a) Record each report on a missing child received under section 8.
(b) Accept and record a report about a missing child from a law enforcement agency.
(c) Exchange information on children suspected of interstate travel with the national crime information center.
(d) Establish a policy regarding the compilation of a record of the reasons children become missing.
(3) Upon locating the missing child, the originating law enforcement agency shall remove the missing child from the clearinghouse record by means of the LEIN. If the originating law enforcement agency has new information about the missing child's location, that agency shall report the information to the law enforcement agency with jurisdiction in the area in which the missing child may be located.
(4) The department may audit law enforcement agency records as necessary to determine compliance with this section. A law enforcement agency shall comply with the reasonable requests of the department in carrying out this subsection and in otherwise administering the clearinghouse.

History: Add. 1995, Act 39, Imd. Eff. May 22, 1995
http://legislature.mi.gov/doc.aspx?mcl-28-259

MICHIGAN AMBER ALERT ACT (EXCERPT)
Act 712 of 2002


28.754 False report of abducted or missing child; violation; penalty; order for payment of costs; definitions.
Sec. 4.
(1) A person shall not intentionally make a false report of the abduction of a child, or intentionally cause a false report of the abduction of a child to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive the report, knowing the report is false. A person who violates this subsection is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(2) A person shall not intentionally make a false report that a child is missing who suffers from severe mental or physical disability that greatly impairs the child's ability to care for himself or herself, or intentionally cause such a report to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive the report, knowing the report is false. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) The court may order a person convicted under this section to pay to the state or a local unit of government and the media the costs of responding to the false report or threat including, but not limited to, use of police or fire emergency response vehicles and teams, pursuant to section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise expressly provided for in this section.
(4) If the person ordered to pay costs under subsection (3) is a juvenile under the jurisdiction of the family division of the circuit court under chapter 10 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the following apply:
(a) If the court determines that the juvenile is or will be unable to pay all of the costs ordered, after notice to the juvenile's parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile, at the time of the acts upon which the order is based, to pay any portion of the costs ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay the costs as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, "parent" does not include a foster parent.
(b) If the court orders a parent to pay costs under subdivision (a), the court shall take into account the financial resources of the parent and the burden that the payment of the costs will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is required to pay the costs under subdivision (a), the court shall provide for payment to be made in specified installments and within a specified period of time.
(c) A parent who has been ordered to pay the costs under subdivision (a) may petition the court for a modification of the amount of the costs owed by the parent or for a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent.
(5) As used in this section:
(a) "Local unit of government" means:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.
(b) "State" includes, but is not limited to, a state institution of higher education.

History: Add. 2005, Act 205, Eff. Feb. 1, 2006

http://legislature.mi.gov/doc.aspx?mcl-28-754

(continued below)

capoly
01-11-2009, 07:53 PM
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.2844a Dental examination of dead body; forwarding records to law enforcement agency; entering information into national crime information center; cancellation of information.
Sec. 2844a.
(1) In deaths investigated by the county medical examiner or deputy county medical examiner where he or she is not able to establish and verify, as required under section 5 of 1953 PA 181, MCL 52.205, the identity of the dead body by visual means, fingerprints, DNA, or other definitive identification procedures, the county medical examiner or deputy county medical examiner may have a qualified dentist, as determined by the county medical examiner or deputy county medical examiner, carry out a dental examination of the dead body. If the county medical examiner or deputy county medical examiner, with the aid of the dental examination and other identifying findings, is still not able to establish the identity of the dead body, the county medical examiner or deputy county medical examiner shall forward the dental examination records to the appropriate law enforcement agency. The law enforcement agency shall enter the information from the dental examination records into the national crime information center pursuant to section 8 of 1968 PA 319, MCL 28.258.
(2) If a person reported missing has not been found within 30 days, the law enforcement agency conducting the investigation for the missing person shall request the family or next of kin of the missing person to give them written consent to contact and request from the dentist of the missing person the person's dental records. The information from the dental records of the missing person shall be entered into the national crime information center by the law enforcement agency pursuant to section 8 of 1968 PA 319, MCL 28.258.
(3) If a person reported missing has been found, the law enforcement agency that entered the information under subsection (2) shall cancel the information.History: Add. 1980, Act 418, Imd. Eff. Jan. 13, 1981 ;-- Am. 1990, Act 149, Imd. Eff. June 27, 1990 ;-- Am. 2006, Act 570, Imd. Eff. Jan. 3, 2007 Popular Name: Act 368
http://legislature.mi.gov/doc.aspx?mcl-333-2844a


PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.2889 Tagging birth certificate of missing child; notifying state police of request for copy of certificate; matching LEIN entry and certificate; tagging by local registrar; removal of tag.
Sec. 2889.
(1) Upon notification pursuant to section 8 of Act No. 319 of the Public Acts of 1968, being section 28.258 of the Michigan Compiled Laws, that a person less than 17 years of age who was born in this state is missing, the state registrar shall immediately tag the birth certificate of that person in a manner that will alert the registrar to the fact that the birth certificate is that of a missing child. The state registrar shall immediately notify the appropriate local registrars to similarly tag the birth certificate or appropriate document of the missing child. The state registrar shall check to see if a request for a copy of the missing child's birth certificate was received within 14 days preceding the tagging of the birth certificate. If a request had been received, the state registrar shall immediately notify the state police of the request.
(2) The state registrar may access the law enforcement information network to obtain from the law enforcement agency reporting the missing person information necessary to provide a positive match between the missing person's LEIN entry and the missing person's birth certificate.
(3) Upon notification by the state registrar pursuant to subsection (1), the local registrar shall immediately tag the birth certificate or appropriate document of a missing child in a manner that will alert the registrar to the fact that the birth certificate is that of a missing child.
(4) Upon notification pursuant to section 8 of Act No. 319 of the Public Acts of 1968 that the information entered into the law enforcement information network regarding a missing child has been canceled, the state registrar shall remove the tag from the child's birth certificate not later than 7 days after receiving the notice.
(5) Upon removal of a tag by the state registrar pursuant to subsection (4), the state registrar shall immediately notify the local registrar who shall remove the tag from the missing child's birth certificate or appropriate document not later than 7 days after receiving the notice from the state registrar. History: Add. 1987, Act 83, Imd. Eff. June 29, 1987
Popular Name: Act 368
http://legislature.mi.gov/doc.aspx?mcl-333-2889


PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.2890 Issuing birth certificate, certificate of registration, or information by mail; marking phrase “missing person” on face of document; telephoning state registrar upon receipt of request for tagged record; providing state registrar with certain information; telephoning state police; notice to law enforcement agency.
Sec. 2890.
(1) If a missing child's birth certificate is tagged pursuant to section 2889, the state registrar and local registrar shall only issue a copy of the missing child's birth certificate, certificate of registration, or otherwise verify, certify, or provide information concerning the items indicated in section 2881(2) by mail. The document mailed shall have the phrase “missing person” marked on the face of the document and shall not be mailed until at least 72 hours have passed from the time the registrar notified the department of state police pursuant to subsection (2).
(2) A local registrar shall immediately telephone the state registrar upon receipt of a request for a record tagged pursuant to section 2889 and shall provide as soon as possible a copy of the written request and any pertinent information such as the requester's name, address, and if requested in person, the requester's driver's license number, to the state registrar. If the state registrar receives a request for a record tagged pursuant to section 2889 or the local registrar notifies the state registrar of the receipt of a request for a tagged record, the state registrar shall immediately telephone the state police and shall provide as soon as possible a copy of the written request and any pertinent information such as the requester's name, address, and if requested in person, the requester's driver's license number, to the department of state police. The department of state police shall immediately notify the appropriate law enforcement agency of a request for a tagged record and shall forward to that agency the information received from the registrar.History: Add. 1987, Act 83, Imd. Eff. June 29, 1987
Popular Name: Act 368
http://legislature.mi.gov/doc.aspx?mcl-333-2890

THE REVISED SCHOOL CODE (EXCERPT)
Act 451 of 1976

380.1134 Definitions; tagging record of missing student; removal of tag.
Sec. 1134.
(1) As used in this section and section 1135:
(a) “Local school district” means a local school district or local act school district that requires records to be compiled for each student in the district.
(b) “Intermediate school district” means an intermediate school district that serves a student who does not have a record at the local school district, but does have a record at the intermediate school district.
(2) Upon notification by a law enforcement agency pursuant to section 8 of Act No. 319 of the Public Acts of 1968, being section 28.258 of the Michigan Compiled Laws, that a student less than 17 years of age is missing, a local school district or intermediate school district shall tag the record of the missing student in a manner that will alert the local or intermediate school district to the fact that the record is that of a missing person.
(3) Upon notification by a law enforcement agency pursuant to section 8 of Act No. 319 of the Public Acts of 1968 that the information entered into the law enforcement information network regarding a missing student has been canceled, the local or intermediate school district shall remove the tag from the student's school record not later than 7 days after receiving the notice from the law enforcement agency.
(4) The local or intermediate school district shall remove the tag on a missing student's school record as soon as possible after the student becomes 18 years of age.History: Add. 1987, Act 84, Imd. Eff. June 29, 1987
Popular Name: Act 451
http://legislature.mi.gov/doc.aspx?mcl-380-1134

THE REVISED SCHOOL CODE (EXCERPT)
Act 451 of 1976

380.1135 Proof of identity and age; notice of noncompliance; investigation; reporting inaccurate or suspicious affidavit; school record of transfer student; compliance; effect of tagged record; confidentiality.
Sec. 1135.
(1) Upon enrollment of a student for the first time in a local or intermediate school district, the district shall notify in writing the person enrolling the student that within 30 days he or she shall provide to the local or intermediate school district either of the following:
(a) A certified copy of the student's birth certificate.
(b) Other reliable proof, as determined by the school district, of the student's identity and age, and an affidavit explaining the inability to produce a copy of the birth certificate.
(2) If a person enrolling a student fails to comply with subsection (1), the local or intermediate school district shall notify the person enrolling the student in writing that, unless he or she complies within 30 days after the notification, the case shall be referred to the local law enforcement agency for investigation. If the person enrolling the student fails to comply within that 30-day period, the local or intermediate school district shall notify the local law enforcement agency.
(3) The local or intermediate school district shall immediately report to the local law enforcement agency any affidavit received pursuant to this section that appears inaccurate or suspicious in form or content.
(4) Within 14 days after enrolling a transfer student, the school shall request in writing directly from the student's previous school a copy of his or her school record. Any school that compiles records for each student in the school and that is requested to forward a copy of a transferring student's record to the new school shall comply within 30 days after receipt of the request unless the record has been tagged pursuant to section 1134. If a student record has been tagged pursuant to section 1134, a copy of the student record shall not be forwarded, and the requested school shall notify the law enforcement agency that notified the school district of the missing student pursuant to section 8 of Act No. 319 of the Public Acts of 1968, being section 28.258 of the Michigan Compiled Laws, of the request.
(5) A local or intermediate school district shall not disclose any personally identifiable information contained in a student record to a law enforcement agency, except in compliance with the family educational rights and privacy act, 20 U.S.C. 1232g.History: Add. 1987, Act 84, Imd. Eff. June 29, 1987
Popular Name: Act 451
http://legislature.mi.gov/doc.aspx?mcl-380-1135


CHILD IDENTIFICATION AND PROTECTION ACT (EXCERPT)
Act 176 of 1985

722.774 Fingerprinting child; conditions.
Sec. 4.
A governmental unit may fingerprint a child if 1 or more of the following apply:
(a) A parent or guardian has given written authorization for the taking of the fingerprints for use in the future in case the child becomes a runaway or a missing child. Only 1 set of prints shall be taken and the fingerprint cards shall be given to the parent or guardian for safekeeping. The fingerprints, written authorizations for fingerprinting, or notice of their existence shall not be recorded, stored, or kept in any manner by a police agency, except as provided in this subdivision or except at the request of the parent or guardian if the child becomes a runaway or a missing child. When the child is located or the case is otherwise disposed of, the fingerprint cards shall be returned to the parents or guardian.
(b) Fingerprints are required to be taken pursuant to section 3 of Act No. 289 of the Public Acts of 1925, being section 28.243 of the Michigan Compiled Laws, section 1 of Act No. 120 of the Public Acts of 1935, being section 28.271 of the Michigan Compiled Laws, or section 724 of Act No. 258 of the Public Acts of 1974, being section 330.1724 of the Michigan Compiled Laws.
(c) Fingerprints are required by court order.
(d) Fingerprints are voluntarily given with the written permission of the child and parent or guardian, upon request of a law enforcement officer, to aid in a specific criminal investigation. Only 1 set of prints shall be taken and, upon completion of the investigation, the law enforcement agency shall return the fingerprint cards to the parent or guardian of the child. History: 1985, Act 176, Imd. Eff. Dec. 2, 1985

http://legislature.mi.gov/doc.aspx?mcl-722-774