CHILD PROTECTION, CONFIDENTIAL RECORDS                                         H.B. 5198 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5198 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor:  Representative Michael D. McCready

House Committee:  Families, Children, Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend the Child Protection Law to allow a confidential record to be made available to a Department of Human Services (DHS) employee actively representing himself or herself in a disciplinary action, a labor union representative actively representing a DHS employee in a disciplinary action, or an arbitrator or administrative law judge conducting a hearing involving a DHS employee's dereliction, malfeasance, or misfeasance of duty, for use solely in connection with that action or hearing. The disclosed information would have to be returned within 10 days after the hearing or action concluded. A recipient could not receive further disclosures while he or she retained disclosed information beyond the deadline specified for return.

The bill also would eliminate language allowing an agency to seek a court order to disclose confidential child protective services or foster care information for disciplinary purposes.

MCL 722.627                                                                   Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill could result in minimal savings for the State and local courts, depending on the extent to which Department employees would request the information for the purposes described in the bill in a given fiscal year.

Date Completed:  12-16-14                                                Fiscal Analyst:  Frances Carley

This 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.