Bill Text: MI HB5248 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Children: other; public release of redacted children's ombudsman's findings and recommendations; allow. Amends sec. 9 of 1994 PA 204 (MCL 722.929).
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2020-10-08 - Assigned Pa 185'20 With Immediate Effect [HB5248 Detail]
Download: Michigan-2019-HB5248-Chaptered.html
Act No. 185
Public Acts of 2020
Approved by the Governor
October 8, 2020
Filed with the Secretary of State
October 8, 2020
EFFECTIVE DATE: October 8, 2020
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Hall, Schroeder, LaFave, Steven Johnson, Webber, LaGrand, Camilleri, Crawford and Liberati
ENROLLED HOUSE BILL No. 5248
AN ACT to amend 1994 PA 204, entitled “An act to establish the children’s ombudsman office; and to prescribe the powers and duties of the children’s ombudsman, certain state departments and officers, and certain county and private agencies serving children; and to provide remedies from certain administrative acts,” by amending section 9 (MCL 722.929), as amended by 2013 PA 38.
The People of the State of Michigan enact:
Sec. 9. (1) Subject to subsections (2) through (7) and except as provided in subsection (8), a record of the children’s ombudsman’s office is confidential, shall only be used for purposes set forth in this act, is not subject to court subpoena, and is not discoverable in a legal proceeding. A record of the children’s ombudsman’s office is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. If the ombudsman identifies action or inaction by the state, through its agencies or services, that failed to protect children, the ombudsman shall provide his or her findings and recommendations to the agency affected by those findings, and make those findings and recommendations available to the complainant and the legislature upon request to the extent consistent with state or federal law. The ombudsman must not disclose any information that impairs the rights of the child or the child’s parents or guardians.
(2) The ombudsman may release information to a complainant or to a closed session of a legislative committee that has jurisdiction over family and children’s services issues regarding the department’s handling of a case under the child protection law that is obtained or generated during an investigation conducted by the office.
(3) Unless otherwise part of the public record, the office must not release any of the following confidential information to the general public:
(a) Records relating to mental health evaluation or treatment of a parent or child.
(b) Records relating to the evaluation or treatment of a substance use disorder of a parent or child.
(c) Records relating to medical diagnosis or treatment of a parent or child.
(d) Records relating to domestic violence-related services and sexual assault services provided to a parent or child.
(e) Records relating to educational services provided to a parent or child.
(4) Notwithstanding subsection (3), if the ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the child abuse or child neglect of a child, the ombudsman may disclose information in his or her possession to the department, a court, a law enforcement agency, or a prosecuting attorney investigating a report of known or suspected child abuse or child neglect. The ombudsman shall not release the address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence unless ordered to by a court.
(5) Except as provided in subsection (4), the ombudsman shall not disclose information relating to an ongoing law enforcement investigation or an ongoing children’s protective services investigation. The ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the ombudsman receives notification that releasing the results of its investigation is not related to and will not interfere with an ongoing law enforcement investigation or ongoing child protective services investigation.
(6) The ombudsman shall not disclose the identity of an individual making a child abuse or child neglect complaint under the child protection law unless that individual’s written permission is obtained first or a court has ordered the ombudsman to release that information.
(7) The ombudsman may release an individual’s identity who makes an intentionally false report of child abuse or child neglect under the child protection law.
(8) Not more than 30 days after the case closure date of a case investigated by the office under this act, the ombudsman shall release his or her findings, recommendations, and the agency responses, if any, to the public. The ombudsman shall redact confidential information consistent with state and federal law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
