Require Parental Consent for Minor Informants

SB0831, introduced by Senator Jeff Irwin, creates a new Michigan law establishing a clear and enforceable rule: before any law enforcement agency uses a minor as an informant or law enforcement participant, it must first obtain written consent from that child's parent or legal guardian. The American Council stands firmly in support of this bill and urges every legislator to vote for its passage.

The bill defines its terms with care. An 'informant' under this legislation is someone used by law enforcement to gather information about another person in the course of investigating a crime or civil infraction. A 'law enforcement participant' is a non-officer individual used to directly take part in preventing a crime or enforcing a law. A 'minor' is any person under 18. These definitions, taken together, mean the protection is broad and cannot be easily circumvented by relabeling a child's role.

The consent requirement applies across a wide range of agencies, including state police, city and township departments, county sheriffs, university police, hospital police, and environmental enforcement officers. No covered agency is permitted to place a child in an informant or participant role without a parent or guardian's written agreement in hand. The bill does provide a sensible carve-out for emancipated minors, who may consent for themselves, and it does not penalize a child who voluntarily reports a crime on their own initiative unless the agency later recontacts them to seek additional information.

Critically, this bill has teeth. If a law enforcement agency violates the consent requirement, the parent or guardian may go to circuit court and obtain an injunction stopping the agency from continuing to use that child. When a court grants such an injunction, it must order the agency to pay the family's actual costs and attorney fees, and to pay damages of no less than $500 and no more than $1,000. These enforcement provisions mean that parental rights under this law are not merely symbolic; they are actionable.

The American Council believes that parental authority over a child's safety and welfare is a foundational moral and civic value. Law enforcement serves an important function, but that function does not override a parent's right to know when their child is being placed in a potentially dangerous or legally consequential role by the state. SB0831 draws a straightforward, principled line. We urge its passage without delay.