A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748a (MCL 330.1748a), as added by 1998 PA 497.
HB 5610 seeks to amend the Mental Health Code, specifically section 748a of the 1974 PA 258, to enhance the procedures and requirements for accessing mental health records in cases of child abuse or neglect investigations. The bill mandates that if there is a compelling need to determine whether child abuse or neglect has occurred or to protect a minor at substantial risk of harm, a Department caseworker or administrator involved in the investigation must notify the mental health professional and request pertinent mental health records in writing. The mental health professional is then required to review and release the relevant records within seven days, a reduction from the previous 14-day timeframe. The bill also specifies that certain privileges, including physician-patient, dentist-patient, counselor-client, and psychologist-patient privileges, do not apply to the mental health records accessed under this section. Additionally, individuals who provide access to these records in good faith are granted immunity from civil or administrative liability, except in cases of gross negligence or willful misconduct. The legislation clarifies that duties related to child abuse and neglect under this act do not alter existing duties under other statutes, such as the Child Protection Law.
HB 5611 seeks to amend the Child Protection Law of 1975 by revising section 9 (MCL 722.629) to enhance the state's approach to addressing child abuse and neglect. The bill mandates the Department of Health to provide multidisciplinary services, either directly or through other agencies, involving professionals such as pediatricians, psychologists, psychiatrists, public health nurses, social workers, and attorneys. These services will be organized through regionally based or strategically located teams. Additionally, the department is required to prepare a biennial report for the legislature detailing the activities and recommendations of these teams concerning child abuse and neglect cases.
The bill also stipulates that the department must ensure a continuing education program for personnel from the department, probate court, and private agencies. This program will cover responsibilities, obligations, and powers under the act, as well as the diagnosis and treatment of child abuse and neglect. Furthermore, the department is tasked with disseminating information to the public about child abuse and neglect, including available prevention and treatment methods.
A significant new requirement introduced by the bill is that all individuals mandated to report child abuse or neglect must complete training developed by the department every three years. This training will focus on recognizing child abuse and neglect and understanding mandated reporting obligations.
Co-sponsored by Reps.
Referred to the Committee on Health Policy
