Auditor general follow-up finds continued gaps in Michigan child protective investigations; MDHHS says improvements made

The House Oversight Subcommittee on Children’s Welfare System on Wednesday heard testimony from the Office of the Auditor General and the Michigan Department of Health and Human Services on a July 2024 follow-up to a 2018 audit of Child Protective Services (CPS) investigations.

The Office of the Auditor General reported that MDHHS complied with six of 17 prior audit findings but “partially and or did not comply with 11 of the findings,” and that MDHHS disputed the auditor’s classification for 10 of those 11, prompting written auditor responses included in the report, Auditor Keith Edwards said. “When the audited entity’s comments are inconsistent or in conflict with the findings, conclusions, or recommendations, the auditor must evaluate the validity of the comments,” Edwards told the committee.

The follow-up identified multiple recurring problems. The auditor said MDHHS had discontinued a policy that required CPS investigators to contact mandated reporters for clarification; when investigators did make that contact, additional information aided safety assessments, but investigators did not make that contact in about 48% of reviewed investigations. The report also found initial safety plans were missing or incomplete in about 21% of cases reviewed and that safety assessments were not completed correctly in about 6% of cases. The auditors found the department’s structured risk-assessment tool was filled out inaccurately in 29% of reviewed investigations, producing risk scores that in many instances were too low; the auditors said 25 investigations were scored too low and three were scored too high.

The auditor’s staff also reported that MDHHS closed 65% of Category 3 investigations during the review period without documented further monitoring of families, despite a provision in the Child Protection Law (CPL) that requires monitoring of participation in community-based services for substantiated Category 3 cases.

MDHHS Senior Deputy Director Demetri Starling disputed several of the follow-up conclusions while acknowledging “room for improvement” in documentation and procedures. Starling said the department has changed policies and added oversight and training since 2018, including a supervisory control protocol, a case review team and a “pure case review” (PCR) process for independent oversight. “We jumped from a 48% to a 73% compliance rate,” Starling said about background and lien checks; on mandated-reporter disposition notices, Starling said the department had raised compliance from about 31% to roughly 90%.

Starling described policy changes that require criminal-history checks to be completed within seven calendar days for referrals that meet specified criteria and said checks are performed on alleged perpetrators, adults residing in a household when allegations meet certain types (for example, physical injury, trafficking, substance-exposure), and for adults when a placement is being considered. “Criminal background check must also be completed on all alleged perpetrators and adults residing in the household,” Starling said.

Lawmakers probed both the remaining audit findings and the department’s stated improvements. Representative Matt Colin asked what prevented accurate risk scoring; the auditor answered that the risk tool requires responses to 22 questions and that response errors produced incorrect risk-level calculations. Representative Rodriguez pressed MDHHS on specific procedures after a member cited a child homicide (identified in the hearing as Rowan Mori) and requested the department provide the case file for further review; Starling agreed to seek and provide the requested information to committee staff for follow up.

The auditor’s staff flagged an observation that some physical abuse allegations were closed when no marks were found, and recommended MDHHS provide investigators clearer guidance to assess other signs of physical abuse such as unexplained injuries, fearful behavior, or a history of harsh discipline; the auditors referenced the U.S. Department of Health and Human Services CPS guide and the Child Welfare League of America best practices as comparators. Starling said Kentucky’s physical-abuse rating scale was discussed during the hearing and acknowledged the finding was related to documentation and guidance rather than the absence of fieldwork.

Both sides described due-process exchanges during the audit’s preparation. The auditor noted that when MDHHS disagreed with classifications, the agency’s written responses and the auditor’s rebuttal are included in the report (pages 62–79). Starling said some disagreements arose from comparing cases to prior policy rather than to the department’s updated policies; she asked that the committee consider the department’s policy changes and the progress since 2018.

No committee action was taken on legislation during the hearing. The panel approved routine minutes and excused absent members by unanimous consent.

Lawmakers concluded by urging continued oversight and cooperation. “Children in the care of the state are some of the most innocent and vulnerable, and we must strive to improve the system responsible for their care and well-being,” Chair Meerman said as the committee adjourned.