This bill amends the Mental Health Code of Michigan to enhance the process for accessing mental health records in cases of child abuse or neglect investigations. It specifies that if there is a compelling need for mental health records to determine whether child abuse or neglect has occurred, a department caseworker or administrator involved in the investigation must notify the relevant mental health professional and request pertinent records. The bill reduces the timeframe for the mental health professional to release these records from 14 days to 7 days after receiving the request. Additionally, it clarifies that certain privileges, such as physician-patient and psychologist-patient privileges, do not apply to the records released under this section.

Furthermore, the bill provides immunity from civil or administrative liability for individuals who, in good faith, release mental health records under this provision, unless their actions constitute gross negligence or willful misconduct. It also emphasizes that the duties related to child abuse and neglect do not override obligations imposed by other statutes, including the child protection law. The enactment of this bill is contingent upon the passage of House Bill No. 4531.

Statutes affected:
Substitute (H-1): 330.1748
House Introduced Bill: 330.1748