STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6869

September 6, 1995

SOCIAL SERVICES, DEPARTMENT OF:

Interviews with students at schools under the Child Protection Law

Under the Child Protection Law, a school administration may not deny access to a child protective services worker who wishes to interview a child at the school.

Under the Child Protection Law, a school administration may not require a child protective services worker to establish in writing the need to interview a child.

Under the Child Protection Law, a school administration does not have the right to have a school official at the interview.

Under the Child Protection Law, a school administration may not prevent the interview with a child until the child's parents have been notified.

Gerald H. Miller

Director

Michigan Department of Social Services

235 S. Grand Ave.

PO Box 30037

Lansing, Michigan 48909

You have asked several questions relating to a school administration's authority to impose conditions on a child protective services worker's (hereafter sometimes worker) investigation of a report of child abuse or neglect. ⁽¹⁾ Your questions may be stated as follows:

The Child Protection Law, 1975 PA 238, MCL 722.621 et seq; MSA 25.248(1) et seq, requires the Michigan Department of Social Services (DSS) to investigate reports of alleged child abuse and neglect. Under section 8(1) of that statute, after receiving a report of suspected child abuse or neglect, the DSS is required within 24 hours to "refer the report [as to certain crimes] to the prosecuting attorney ... or ... commence an investigation of the child suspected of being abused or neglected." Section 8(8), provides that:

Each of your four questions can be answered by reference to the Child Protection Law. In applying a statute, a court will implement the clear and unambiguous language of the statute. Coleman v Gurwin, 443 Mich 59, 65; 503 NW2d 435 (1993).

You first ask if, under the Child Protection Law, a school administration may deny access to a worker who wishes to interview a child at the school. As observed above, section 8(8) of the Child Protection Law requires the school to cooperate with the investigation and to permit access "if access is necessary to complete the investigation or to prevent abuse or neglect of the child." Since the Child Protection Law clearly charges the DSS, not the school administration, with conducting the investigation, it is the worker, not the school administration, who must determine if access to the child is "necessary to complete the investigation or to prevent abuse or neglect of the child."

This office has been informed that, upon arrival at the school, the worker identifies himself or herself as a DSS child protective services worker, advises that he or she is investigating an allegation of abuse or neglect regarding a particular child and states that it is necessary to interview the child. This information is sufficient to trigger the school's statutory duty to cooperate in the child abuse and neglect investigation. A review of the statute fails to disclose any provision requiring the worker to provide, or allowing the school to demand, additional information as a condition for access to the child. In the absence of such a provision and because of the DSS' duty to investigate and the school's parallel duty to cooperate, it is clear that these representations, once made, are sufficient to require the school to cooperate and to give the worker access to the child.

It is my opinion, therefore, in answer to your first question, that under the Child Protection Law, a school administration may not deny access to a child protective services worker who wishes to interview a child at the school.

Second you ask if, under the Child Protection Law, a school administration has the right to require the worker to establish the need for access in writing. The clear and unambiguous language in section 8(8) of the Child Protection Law requires schools to cooperate in child protective services investigations. It does not require workers to explain their determinations in writing. The school administration may not require the worker to establish the need for access in writing. But, the school may document the time and date of the interview and the identity of the worker. ⁽²⁾

It is my opinion, therefore, in answer to your second question, that under the Child Protection Law, a school administration may not require a child protective services worker to establish in writing the need to interview a child.

Your third question asks if, under the Child Protection Law, the school administration has the right to have a school official present at the interview. A careful review of the Child Protection Law fails to disclose any provisions giving school personnel the right to be present at such an interview. ⁽³⁾ However, in appropriate cases, the worker may request that a familiar or trusted school employee -- such as a teacher -- be present or assist in the interview.

It is my opinion, therefore, in answer to your third question, that under the Child Protection Law, a school administration does not have the right to have a school official at the interview.

Your fourth question asks if under the Child Protection Law, the school administration may prevent the interview with a child until the child's parents have been notified. Section 8(8) of the Child Protection Law requires cooperation from the school administration with the investigation. It provides, in part, as follows:

Thus, as the department charged with conducting the investigation, the Child Protection Law requires the DSS to notify the person responsible for the child prior to the interview unless necessary to complete the investigation or to protect the child, in which case it must be done as soon as possible after the interview. The determination of when and how notification is given is to be made by DSS and need not be explained or set forth in writing. The authority and duty to notify the person responsible for the child rests with the DSS, not the school administration. There is no statutory language authorizing school officials to require that a child's parents be notified before a worker interviews the child.

It is my opinion, therefore, in answer to your fourth question, that under the Child Protection Law, a school administration may not prevent the interview with a child until the child's parents have been notified.

Frank J. Kelley

Attorney General