Bill Text: MI HB4022 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Children; foster care; foster child identification theft protection act; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-10-19 - Assigned Pa 285'16 With Immediate Effect [HB4022 Detail]
Download: Michigan-2015-HB4022-Introduced.html
HOUSE BILL No. 4022
January 15, 2015, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to provide for certain powers and duties for foster
care caseworkers; to require monitoring of credit-related activity
in foster children's names; and to provide for the powers and
duties for certain courts, state departments, and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"foster child identification theft protection act".
Sec. 3. As used in this act:
(a) "Caseworker" means an individual employed by the
department or a child placing agency for the purpose of placing
children in homes for foster care or investigating and certifying
individuals or homes for foster care.
(b) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(c) "Consumer reporting agency" means any person who, for
monetary fees or dues or on a cooperative nonprofit basis,
regularly engages in whole or in part in the practice of assembling
or evaluating consumer credit-related information or other
information on consumers for the purpose of furnishing credit
reports to third parties.
(d) "Credit report" means any written, oral, or other
communication of information by a credit reporting agency bearing
on a consumer's creditworthiness, credit standing, or credit
capacity.
(e) "Department" means the department of human services.
Sec. 5. (1) Every caseworker shall annually request from a
consumer reporting agency a credit report on each child who is in
foster care and assigned to the caseworker.
(2) If a credit report requested under subsection (1)
indicates the appearance of fraudulent activity in the foster
child's name, the caseworker shall submit a copy of that credit
report to the court at the next 90-day review of the foster child's
case service plan.
(3) The court shall order the lawyer-guardian ad litem to
contact the consumer reporting agency and request that the consumer
reporting agency immediately remove the fraudulent activity from
the foster child's credit report.
Sec. 7. The department shall develop standard forms for use by
caseworkers to request a credit report on behalf of foster children
and to comply with the provisions of this act.
Sec. 9. (1) The caseworker shall keep documentation of all
requests and correspondence regarding the foster child's credit
report and any seemingly fraudulent activity on the foster child's
record in the foster child's case file.
(2) The caseworker shall periodically discuss the credit
report with the foster child and inform the foster child of what
actions are being taken on behalf of the foster child regarding his
or her credit report.
