SENATE BILL No. 460

 

 

September 9, 2015, Introduced by Senator BIEDA and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to require the establishment of a vulnerable adult

 

registry; to prescribe the duties and responsibilities of certain

 

state departments and agencies; and to prescribe fees, penalties,

 

and sanctions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"vulnerable adult registry act".

 

     Sec. 3. As used in this act:

 

     (a) "Convicted" means 1 of the following:

 

     (i) Having a judgment of conviction or a probation order

 

entered in any court having jurisdiction over criminal offenses,

 

including, but not limited to, a tribal court or a military court,

 

and including a conviction subsequently set aside under 1965 PA


213, MCL 780.621 to 780.624.

 

     (ii) Either of the following:

 

     (A) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, before October 1, 2004.

 

     (B) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, on or after October 1, 2004 if the

 

individual's status of youthful trainee is revoked and an

 

adjudication of guilt is entered.

 

     (iii) Having an order of disposition entered under section 18

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.18, that is open to the general public under section 28 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.28.

 

     (iv) Having an order of disposition or other adjudication in a

 

juvenile matter in another state or country.

 

     (b) "Department" means the department of health and human

 

services.

 

     (c) "Vulnerable adult" means that phrase as defined in section

 

145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.

 

     (d) "Vulnerable adult abuse" means an offense under sections

 

145n to 145p of the Michigan penal code, 1931 PA 328, MCL 750.145n

 

to 750.145p.

 

     (e) "Vulnerable adult abuse registry" or "registry" means the

 

registry created under section 5.

 

     Sec. 5. (1) The department shall establish and maintain a

 

statewide electronic vulnerable adult abuse registry.


     (2) If an individual is convicted of vulnerable adult abuse,

 

the department shall list that individual on the vulnerable adult

 

abuse registry.

 

     (3) The department shall work with the department of

 

technology, management, and budget and any other entity the

 

department determines necessary to establish the vulnerable adult

 

abuse registry.

 

     (4) The department shall work with the department of state

 

police and other law enforcement agencies to establish a reporting

 

procedure that allows the department to obtain the names and other

 

necessary information of individuals required to be listed on the

 

vulnerable adult abuse registry.

 

     Sec. 7. (1) Unless made public under a law of this state or a

 

law of another state, a written report, document, or photograph

 

filed with the department as provided in this act is a confidential

 

record available only to 1 or more of the following:

 

     (a) A legally mandated public or private agency investigating

 

a report of known or suspected vulnerable adult abuse or a legally

 

mandated public or private agency prosecuting a disciplinary action

 

against its own employee involving vulnerable adult services

 

records.

 

     (b) A police or other law enforcement agency investigating a

 

report of known or suspected vulnerable adult abuse.

 

     (c) A physician who is treating a vulnerable adult whom the

 

physician reasonably suspects may be abused.

 

     (d) A person, agency, or organization, including a

 

multidisciplinary case consultation team, authorized to diagnose,


care for, treat, or supervise a vulnerable adult who is the subject

 

of a report or record under this act, or a person, agency, or

 

organization, including a multidisciplinary case consultation team,

 

that is responsible for the vulnerable adult's health or welfare.

 

     (e) A person named in the report or record as a perpetrator or

 

alleged perpetrator of the vulnerable adult abuse.

 

     (f) A court that determines the information is necessary to

 

decide an issue before the court.

 

     (g) A grand jury that determines the information is necessary

 

to conduct the grand jury's official business.

 

     (h) A person, agency, or organization engaged in a bona fide

 

research or evaluation project. The person, agency, or organization

 

shall not release information identifying a person named in the

 

report or record unless that person's written consent is obtained.

 

The person, agency, or organization shall not conduct a personal

 

interview with a family without the family's prior consent and

 

shall not disclose information that would identify the vulnerable

 

adult or his or her family or other identifying information. The

 

department director may authorize the release of information to a

 

person, agency, or organization described in this subdivision if

 

the release contributes to the purposes of this act and the person,

 

agency, or organization has appropriate controls to maintain the

 

confidentiality of personally identifying information for a person

 

named in a report or record made under this act.

 

     (i) Subject to section 11, a standing or select committee or

 

appropriations subcommittee of either house of the legislature

 

having jurisdiction over vulnerable adult matters.


     (j) A county medical examiner or deputy county medical

 

examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for the

 

purpose of carrying out his or her duties under that act.

 

     (2) A person or entity to whom information described in

 

subsection (1) is disclosed shall make the information available

 

only to a person or entity described in subsection (1). This

 

subsection does not require a court proceeding to be closed that

 

otherwise would be open to the public.

 

     Sec. 9. (1) Not less than 30 days after the department lists

 

an individual on the vulnerable adult abuse registry, the

 

department shall notify in writing the individual listed on the

 

registry. The notice shall set forth the individual's right to

 

request expunction of the record and the right to a hearing if the

 

department refuses the request.

 

     (2) A person who is the subject of a report or record made

 

under this act may request the department to amend an inaccurate

 

report or record from the registry and local office file. A person

 

who is the subject of a report or record made under this act may

 

request the department to expunge from the registry a report or

 

record in which no relevant and accurate evidence of vulnerable

 

adult abuse is found to exist. A report or record filed in a local

 

office file is not subject to expunction except as the department

 

authorizes, if considered in the vulnerable adult's best interest.

 

     (3) If the department refuses a request for amendment or

 

expunction under subsection (2), or fails to act within 30 days

 

after receiving the request, the department shall hold a hearing to

 

determine by a preponderance of the evidence whether the report or


record in whole or in part should be amended or expunged from the

 

registry on the grounds that the report or record is not relevant

 

or accurate evidence of vulnerable adult abuse. The hearing shall

 

be held before a hearing officer appointed by the department and

 

shall be conducted as prescribed by the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (4) If the investigation of a report conducted under this act

 

fails to disclose evidence of vulnerable adult abuse, the

 

information identifying the subject of the report shall be expunged

 

from the registry. If evidence of abuse exists, the department

 

shall maintain the information in the registry until the department

 

receives reliable information that the perpetrator of the

 

vulnerable adult abuse is dead.

 

     (5) In releasing information under this act, the department

 

shall not include a report compiled by a police agency or other law

 

enforcement agency related to an ongoing investigation of suspected

 

vulnerable adult abuse. This subsection does not prevent the

 

department from releasing reports of convictions of crimes related

 

to vulnerable adult abuse.

 

     (6) An agency obtaining a confidential record under section

 

7(1)(a) may seek an order from the court having jurisdiction over

 

the vulnerable adult that allows the agency to disseminate

 

confidential information to pursue sanctions for alleged

 

dereliction, malfeasance, or misfeasance of duty against an

 

employee of the agency, to a recognized labor union representative

 

of the employee's bargaining unit, or to an arbitrator or an

 

administrative law judge who conducts a hearing involving the


employee's alleged dereliction, malfeasance, or misfeasance of duty

 

to be used solely in connection with that hearing. Information

 

released under this subsection shall be released in a manner that

 

maintains the greatest degree of confidentiality while allowing

 

review of employee performance.

 

     Sec. 11. (1) The department shall make information contained

 

in the vulnerable adult abuse registry and reports and records made

 

under this act available to a standing or select committee or

 

appropriations subcommittee of either house of the legislature

 

having jurisdiction over protective services matters for vulnerable

 

adults subject to all of the following:

 

     (a) The department shall not provide confidential information

 

protected by section 7 to the committee unless the committee

 

members appointed and serving agree by roll call vote that the

 

information is essential for the protection of Michigan vulnerable

 

adults or for legislative oversight of the protective services

 

program and that the confidential information will only be

 

considered at a closed session of the committee. The affirmative

 

vote required by this subdivision shall be by not less than the

 

supermajority required by section 7 of the open meetings act, 1976

 

PA 267, MCL 15.267, and may serve as the vote required under that

 

section for holding a closed session.

 

     (b) In addition to compliance with the open meetings act, 1976

 

PA 267, MCL 15.261 to 15.275, a closed session held under this

 

section shall comply with all of the following:

 

     (i) Tape recording, camera, or other electronic equipment for

 

documenting the proceedings shall not be permitted in the closed


session.

 

     (ii) Attendance at the closed session shall be limited to

 

committee members, other members of the legislature and legislative

 

staff at the discretion of the chairperson, and staff members from

 

the department designated by the director.

 

     (2) A person who discloses or causes to be disclosed

 

confidential information to which the person has gained access at a

 

meeting held under this section is guilty of a misdemeanor. A

 

person who keeps a confidential record or file, or a copy of a

 

confidential record or file, at the conclusion of a closed session

 

held under this section, which record or file is obtained at that

 

meeting, is guilty of a misdemeanor.

 

     Sec. 13. (1) Upon written request, the department may provide

 

to an individual, or whoever is appropriate, documentation stating

 

that the individual is not named in the vulnerable adult abuse

 

registry as the perpetrator of vulnerable adult abuse.

 

     (2) An individual or the department may share the document

 

provided in subsection (1) with whoever is appropriate for the

 

purpose of seeking employment or serving as a volunteer if that

 

employment or volunteer work will include contact with vulnerable

 

adults.

 

     (3) An employer, a person or agency to whom an individual is

 

applying for employment, or a volunteer agency, with appropriate

 

authorization and identification from the individual, may request

 

and receive vulnerable adult abuse registry clearance information

 

if that employment or volunteer work will include contact with

 

vulnerable adults.


     (4) The department may develop an automated system that lists

 

individuals who have not been named in the vulnerable adult abuse

 

registry as the perpetrator of vulnerable adult abuse. An

 

individual applying for vulnerable adult-related employment or

 

seeking to volunteer in a capacity that would allow unsupervised

 

access to a vulnerable adult whose health or welfare the individual

 

is not responsible for may be listed in that system if a screening

 

of the individual finds that he or she has not been named in the

 

vulnerable adult abuse registry as the perpetrator of vulnerable

 

adult abuse. The automated system developed under this section

 

shall provide for public access to the list of individuals who have

 

been screened for the purposes of complying with this section. An

 

automated system developed under this section shall have

 

appropriate safeguards and procedures to ensure that information

 

that is confidential under this act, state law, or federal law is

 

not accessible or disclosed through that system.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.