CENTRAL REGISTRY INFO S.B. 1512: ENROLLED SUMMARY
Senate Bill 1512 (as enrolled)
Sponsor: Senator Bill Hardiman
Senate Committee: Families and Human Services
House Committee: Family and Children Services
Date Completed: 12-21-06
CONTENT
The bill would amend the Child Protection Law (CPL) to permit certain confidential records filed with the Department of Human Services (DHS) and Child Protective Services (CPS) to be shared with a local Friend of the Court office if the records were needed to determine custody or parenting time issues, and with a child protective agency prosecuting a disciplinary action against an employee. The bill also would allow a child protective agency to seek a court order permitting it to disseminate the information in order to pursue sanctions.
Friend of the Court
The CPL requires the DHS to maintain a central registry of all reports filed with the Department containing relevant and accurate evidence of child abuse or neglect. A written report, document, or photograph filed with the DHS under the CPL is a confidential record available only to certain governmental agencies, law enforcement agencies, courts, and other specified individuals and agencies.
The bill also would make those confidential records available to a local Friend of the Court office if there were a compelling need for child protective service records or information to determine custody or parenting time regarding a child. That authority would be subject to provisions of the CPL that provide for confidentiality of the identity of a reporting person, specify that information received under the Law may not be shared except with another person or entity authorized to receive the information, and prescribe penalties for disseminating confidential information improperly.
A local Friend of the Court office investigator, caseworker, or administrator directly involved in the investigation would have to notify the appropriate DHS or CPS local or central office that a child custody or parenting time investigation involving a family had been initiated, and would have to request in writing CPS records and information that were pertinent to the investigation. Upon receiving that notification and request, the local CPS office supervisor would have to review CPS information in the office's possession to determine if there were records or information pertinent to the investigation. Within 14 days after receiving the request, the CPS local office would have to release the pertinent records and information to the investigator, caseworker, or administrator who was involved directly in the child custody or parenting time investigation.
In addition, the bill would authorize CPS to report to the local Friend of the Court office any situation in which a parent, more than three times in one year or on five cumulative reports over several years, made unfounded reports to CPS regarding alleged child abuse or neglect of his or her child.
Child Protective Agency Disciplinary Action
The Code authorizes the release of confidential information from the central registry to a legally mandated public or private child protective agency investigating
a report of known or suspected child abuse or neglect.
Under the bill, that information also would be available to a legally mandated public or private child protective agency or foster care agency prosecuting a disciplinary action against its own employee that involved Child Protective Services or foster care records.
An agency obtaining information under these provisions could seek an order from the court having jurisdiction over the child or from the Family Division of the Ingham County Circuit Court that would allow the agency to disseminate confidential CPS or foster care information in order to pursue sanctions against an employee of the agency for alleged dereliction, malfeasance, or misfeasance of duty, to either of the following:
-- A recognized labor union representative of the employee's bargaining unit.
-- An arbitrator or an administrative law judge who conducted a hearing involving the employee's alleged dereliction, malfeasance, or misfeasance of duty, to be used only in connection with that hearing.
Information released under these provisions would have to be released in a manner that maintained the greatest degree of confidentiality while allowing a review of employee performance.
MCL 722.627
Legislative Analyst: Curtis Walker
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Constance Cole
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1512/0506