HOUSE BILL No. 6158


     November 28, 2000, Introduced by Rep. Brewer and referred to the Committee on Family and Children Services.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 748a (MCL 330.1748a), as added by 1998 PA

   497.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 748a.  (1) If there is a compelling need for mental

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      health records or information to determine whether child abuse or

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      child neglect has occurred or to take action to protect a minor

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      where there may be a substantial risk of harm, a family indepen-

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      dence agency caseworker or administrator directly involved in the

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      child abuse or neglect investigation shall FILE A PETITION IN

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      CIRCUIT COURT REQUESTING AN IN CAMERA HEARING ON WHETHER THERE IS

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      A COMPELLING NEED FOR THE MENTAL HEALTH RECORDS OR INFORMATION.

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      IF THE COURT, AFTER AN IN CAMERA REVIEW OF THE INVESTIGATION

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      FINDINGS PRESENTED BY THE FAMILY INDEPENDENCE AGENCY, FINDS THAT


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      THERE IS A COMPELLING NEED FOR THE MENTAL HEALTH RECORDS OR

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      INFORMATION, IT SHALL REQUIRE DISCLOSURE OF THOSE RECORDS OR

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      INFORMATION.  THE FAMILY INDEPENDENCE AGENCY CASEWORKER OR ADMIN-

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      ISTRATOR SHALL notify a mental health professional that a child

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      abuse or neglect investigation has been initiated involving a

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      person who has received services from the mental health profes-

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      sional and shall request in writing mental health records and

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      information that are pertinent to that investigation.  Upon

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      receipt of this notification and request, the mental health pro-

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      fessional shall review all mental health records and information

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      in the mental health professional's possession to determine if

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      there are mental health records or information that is pertinent

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      to that investigation.  Within 14 days after receipt of a request

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      made under this subsection, the mental health professional shall

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      release those pertinent mental health records and information to

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      the caseworker or administrator directly involved in the child

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      abuse or neglect investigation.

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           (2) The following privileges do not apply to mental health

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      records or information to which access is given under this

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      section:

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           (a) The physician-patient privilege created in section 2157

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      of the revised judicature act of 1961, 1961 PA 236,

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      MCL 600.2157.

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           (b) The dentist-patient privilege created in section 16648

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      of the public health code, 1978 PA 368, MCL 333.16648.







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           (c) The licensed professional counselor-client and limited

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      licensed counselor-client privilege created in section 18117 of

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      the public health code, 1978 PA 368, MCL 333.18117.

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           (d) The psychologist-patient privilege created in section

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      18237 of the public health code, 1978 PA 368, MCL 333.18237.

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           (e) Any other health professional-patient privilege created

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      or recognized by law.

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           (3) To the extent not protected by the immunity conferred by

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      1964 PA 170, MCL 691.1401 to 691.1415, an individual who in good

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      faith gives access to mental health records or information under

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      this section is immune from civil or administrative liability

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      arising from that conduct, unless the conduct was gross negli-

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      gence or willful and wanton misconduct.

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           (4) A duty under this act relating to child abuse and

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      neglect does not alter a duty imposed under another statute,

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      including the child protection law, 1975 PA 238, MCL 722.621 to

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      722.638, regarding the reporting or investigation of child abuse

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      or neglect.





















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