SB-1042, As Passed Senate, December 15, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1042

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 11c (MCL 400.11c), as added by 1982 PA 519.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11c. (1) The identity of a person making a report under

section 11a or 11b shall be confidential, subject only to

disclosure with the consent of that person or by judicial process.

A person acting in good faith who makes a report or who assists in

the implementation of sections 11 to 11b, 11d to 11f , and this

section shall be is immune from civil liability which that might

otherwise be incurred by making the report or by assisting in the

making of the report. A person making a report or assisting in the

implementation of sections 11 to 11b, 11d to 11f , and this section

shall be is presumed to have acted in good faith. The immunity from

civil liability extends only to an act performed under sections 11

to 11b, 11d to 11f , and this section, and shall does not extend to

a negligent act which that causes personal injury or death.

     (2) Any legally recognized privileged communication, except

that between attorney and client and except as specified in section

11a(2), is abrogated and shall does not constitute grounds for

excusing a report otherwise required to be made pursuant to under

this act.

     (3) Notwithstanding any other confidentiality provision in

this act and sections 5 and 7(2) of the child protection law, 1975

PA 238, MCL 722.625 and 722.627, information or records in the

possession of the department or the department of licensing and

regulatory affairs may be shared to the extent necessary for the

proper functioning of the department or the department of licensing

and regulatory affairs in administering child or adult welfare or

child or adult foster care facility licensing under this act or in

an investigation conducted under section 43b. Information or

records shared under this subsection shall not be released by the

department or the department of licensing and regulatory affairs

unless otherwise permitted under this act or other state or federal

law.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.