Bill Text: MI HB4022 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-4022, As Passed Senate, September 8, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4022
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 consumer reporting agency bearing
on a consumer's creditworthiness, credit standing, or credit
capacity.
(e) "Department" means the department of health and human
services.
Sec. 5. (1) For a child 14 years or older but less than 18
years of age who is placed under the department's care or
supervision for foster care, the department shall annually request
from at least 1 consumer reporting agency a credit report on each
child.
(2) If a credit report requested under subsection (1)
indicates the appearance of fraudulent activity in the foster
child's name, both of the following apply:
(a) The department shall work with the foster child and the
consumer reporting agency to address and remove the fraudulent
activity from the foster child's credit report.
(b) Subject to state and federal confidentiality laws, the
department may report the fraudulent activity to a law enforcement
agency for investigation.
(3) For a youth 18 years of age or older who was placed under
the department's care or supervision for foster care, the
department shall assist the youth in obtaining a copy of his or her
credit report. The youth described in this subsection may choose to
opt out of receiving this assistance, and the department shall make
a notation in the case record regarding the youth's choice to opt
out.
(4) When a child under 14 years of age leaves foster care, the
department shall recommend to that child's permanent caregiver that
a credit check be performed on the child to ascertain if there is
possible fraudulent activity in the child's credit history.
Sec. 7. The department shall maintain an electronic record to
comply with the provisions of this act.
Sec. 9. (1) The department shall keep documentation of all
requests and correspondence regarding the foster child's credit
report and a copy of any credit report received regarding the
foster child in the foster child's case record.
(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.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
