SB-1043, As Passed Senate, October 20, 2016
September 6, 2016, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 5 (MCL 722.625), as amended by 2004 PA 563.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Except for records available under section
7(2)(a), (b), and (n), the identity of a reporting person is
confidential subject to disclosure only with the consent of that
person or by judicial process. A person acting in good faith who
makes a report, cooperates in an investigation, or assists in any
other requirement of this act is immune from civil or criminal
liability that might otherwise be incurred by that action. A person
making a report or assisting in any other requirement of this act
is presumed to have acted in good faith. This immunity from civil
or
criminal liability extends only to acts done performed according
to this act and does not extend to a negligent act that causes
personal injury or death or to the malpractice of a physician that
results in personal injury or death.
(2) Notwithstanding subsection (1) and other confidentiality
provisions in this act, information or records that the department
has in its possession may be disclosed to the extent necessary for
the proper functioning of the department or another state
department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.