Michigan House Bill HB4396

Michigan 2025-2026 Regular Session

• Introduced: 4/29/25
• Refer: 4/29/25
• Report Pass: 6/11/25
• Engrossed: 6/25/25
• Refer: 6/26/25

Caption

Juveniles: juvenile justice services; certain information sharing for research purposes in juvenile justice cases; allow. Amends sec. 9 of 1988 PA 13 (MCL 722.829).

Summary

HB4396 amends Michigan’s Juvenile Diversion Act to create a formal process for researchers and program evaluators to obtain juvenile diversion records from the State Court Administrative Office or an individual court. Under the bill, a request may be granted only through a negotiated data use agreement that is designed to protect personally identifiable information and prevent unauthorized disclosure. The agreement must be created by the State Court Administrative Office, and the court system may charge the requester to cover processing costs. The bill also requires the State Court Administrative Office and any court receiving a research request to keep records of the requests received, granted, and the data released. Information provided under a data use agreement would be exempt from disclosure under the Freedom of Information Act. The bill preserves existing confidentiality protections for risk screening tools, mental health screening tools, and any information obtained from a minor during diversion-related screenings or participation, making that information inadmissible in adjudicatory hearings and unavailable through subpoena or other court process. The act takes effect October 1, 2025.

Impact

HB4396 would modify MCL 722.829, the section of the Juvenile Diversion Act governing use of records, by adding a research-access exception to the general rule limiting use of diversion records to diversion decisions. It would authorize controlled disclosure of juvenile justice records for research and evaluation purposes while maintaining confidentiality through data use agreements and FOIA exemptions. The bill also adds administrative recordkeeping duties for courts and the State Court Administrative Office and retains criminal penalties for unauthorized use of protected records.

Sentiment

The available voting history suggests broad support for the bill. It was reported from committee unanimously and then passed the House overwhelmingly, with only three nays on third reading and an immediate-effect roll call. No committee transcript was provided, so there is no recorded floor or committee debate to indicate substantial opposition in the available materials. Overall, the bill appears to have been viewed as a limited, technical change that balances research access with privacy protections.

Contention

The main policy tension in HB4396 is between expanding access to juvenile diversion records for research and preserving the confidentiality of sensitive juvenile information. Supporters appear to favor allowing data-driven evaluation of diversion programs, while the bill addresses privacy concerns by requiring data use agreements, limiting disclosure, exempting released data from FOIA, and preserving existing evidentiary and subpoena protections. Any concern would likely center on the risk of misuse or re-identification of minors’ information, but the bill’s safeguards are designed to mitigate that risk.