SENATE BILL NO. 1213
June 11, 1998, Introduced by Senator BYRUM and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding section 20a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 20A. (1) IF THERE IS A COMPELLING NEED FOR RECORDS OR 2 INFORMATION TO DETERMINE WHETHER CHILD ABUSE OR NEGLECT HAS 3 OCCURRED OR TO TAKE ACTION TO PROTECT A CHILD WHERE THERE MAY BE 4 A SUBSTANTIAL RISK OF HARM, THE OFFICE OF THE FRIEND OF THE COURT 5 SHALL GIVE ACCESS TO A FAMILY INDEPENDENCE AGENCY EMPLOYEE 6 DIRECTLY INVOLVED IN THE INVESTIGATION TO RECORDS AND INFORMATION 7 PERTAINING TO A CHILD WHO IS A SUBJECT OF A CHILD ABUSE OR 8 NEGLECT INVESTIGATION OR PERTAINING TO AN INDIVIDUAL SUSPECTED AS 9 A PERPETRATOR IN THE INVESTIGATION. A RECORD OR INFORMATION 10 DISCLOSED UNDER THIS SECTION SHALL INCLUDE THE IDENTITY OF THE 11 INDIVIDUAL TO WHOM THE RECORD OR INFORMATION PERTAINS. 02624'97 * GWH 2 1 (2) A DEPARTMENT EMPLOYEE SHALL NOT BE GIVEN THE ACCESS 2 DESCRIBED BY SUBSECTION (1) UNLESS THE DEPARTMENT EMPLOYEE 3 REQUESTS THE RECORDS AND INFORMATION IN WRITING. WITHIN 14 CAL- 4 ENDAR DAYS AFTER THE RECORD HOLDER RECEIVES THE WRITTEN REQUEST, 5 THE OFFICE OF THE FRIEND OF THE COURT SHALL GIVE THAT ACCESS 6 REGARDLESS OF THE CONSENT OF THE PERSON FROM WHOM CONSENT WOULD 7 OTHERWISE BE REQUIRED. 8 (3) TO THE EXTENT NOT PROTECTED BY THE IMMUNITY CONFERRED BY 9 1964 PA 170, MCL 691.1401 TO 691.1415, AN INDIVIDUAL WHO IN GOOD 10 FAITH GIVES ACCESS TO A RECORD OR INFORMATION AS REQUIRED BY THIS 11 SECTION IS IMMUNE FROM CIVIL OR ADMINISTRATIVE LIABILITY ARISING 12 FROM THAT CONDUCT, UNLESS THE CONDUCT WAS GROSS NEGLIGENCE OR 13 WILLFUL AND WANTON MISCONDUCT. 14 Enacting section 1. This amendatory act does not take 15 effect unless Senate Bill No. 1214 16 of the 89th Legislature is enacted 17 into law. 02624'97 * Final page. GWH