Registered as a Child Abuser Without a Hearing

September 24, 2013

Michigan’s Central Registry for Child Abuse and Neglect is supposed to protect children by ensuring that individuals who are a threat to children do not work with kids or serve as foster parents.

But accused individuals are placed on the registry for life without a prior hearing. Some do not even get notice that they are listed. Others remain on the registry even if a court later finds that they never engaged in abuse or neglect.

In 2012, the ACLU of Michigan submitted a friend-of-the-court brief in the Michigan Court of Appeals arguing that individuals who are listed on the registry deserve basic due process before lifetime registration as a child abuser.

In September 2013, the Court of Appeals remanded the case back to the trial court, ruling that the wrong standard had been applied in reviewing the evidence.

(Nicastro v. Michigan Dep’t of Human Services; ACLU Attorney Miriam Aukerman; Cooperating Attorneys Brock Swartzle and Beth Kerwin of Honigman.)

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