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Mich. Comp. Laws Ann. § 330.1748a - Child abuse or neglect investigation; request for mental health records and information; immunity from civil or administrative liability; imposition of duties under another statute

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A Family Independence Agency caseworker may request, in writing, mental health records from a mental health professional if there is a “compelling need” for such records to confirm child abuse or neglect allegations or to protect children that are at “substantial risk of harm.”  Within 14 days of receiving a request, a mental health professional must review their records and release any relevant information to the caseworker.

Mental health professionals must release information to caseworkers even if a physician-patient, dentist-patient, psychologist-patient, or other professional-patient privilege would normally protect the information. Individuals that provide, in good faith, access to information pursuant to this section are immune from liability. The disclosure obligations created by this section do not alter obligations regarding child abuse and neglect that arise under the child protection law or other statutes.


Current as of June 2015