CHILD PROTECTION LAW AMENDMENTS

House Bill 5198

Sponsor:  Rep. Michael McCready

Committee:  Families, Children, and Seniors

Complete to 1-17-14

A SUMMARY OF HOUSE BILL 5198 AS INTRODUCED 12-12-13

House Bill 5198 would amend Section 7 of the Child Protection Law (MCL 722.627) to allow a confidential record to be made available to department employees actively representing themselves in a disciplinary action, a labor union representative actively representing a departmental employee in a disciplinary action, or to an arbitrator or administrative law judge conducting a hearing involving the employee's [alleged] dereliction, malfeasance, or misfeasance of duty, for use solely in connection with that action or hearing.  Such information would have to be returned no later than 10 days after the conclusion of the action or hearing.  A recipient could not receive further disclosures while retaining disclosed information beyond the deadline specified for return.

This new language would replace current language that applies to a legally mandated public or private child protective agency investigating a report of known or suspected child abuse or neglect or a legally mandated public or private child protective agency or foster care agency prosecuting a disciplinary action against its own employee involving child protective services or foster records.

Currently, the statute allows such an agency to seek a court order allowing it to disseminate confidential information to a recognized labor union representative of the employee's bargaining unit, or to 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.  Under House Bill 5198, the current language would be struck and replaced with the language described earlier.

FISCAL IMPACT:

House Bill 5198 should have a negligible fiscal impact on the state and to local units of government.

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Kevin Koorstra

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.