September 9, 2015, Introduced by Senator BIEDA and referred to the Committee on Families, Seniors and Human Services.
A bill to require the establishment of a vulnerable adult
registry; to prescribe the duties and responsibilities of certain
state departments and agencies; and to prescribe fees, penalties,
and sanctions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"vulnerable adult registry act".
Sec. 3. As used in this act:
(a) "Convicted" means 1 of the following:
(i) Having a judgment of conviction or a probation order
entered in any court having jurisdiction over criminal offenses,
including, but not limited to, a tribal court or a military court,
and including a conviction subsequently set aside under 1965 PA
213, MCL 780.621 to 780.624.
(ii) Either of the following:
(A) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, before October 1, 2004.
(B) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, on or after October 1, 2004 if the
individual's status of youthful trainee is revoked and an
adjudication of guilt is entered.
(iii) Having an order of disposition entered under section 18
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.18, that is open to the general public under section 28 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.28.
(iv) Having an order of disposition or other adjudication in a
juvenile matter in another state or country.
(b) "Department" means the department of health and human
services.
(c) "Vulnerable adult" means that phrase as defined in section
145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.
(d) "Vulnerable adult abuse" means an offense under sections
145n to 145p of the Michigan penal code, 1931 PA 328, MCL 750.145n
to 750.145p.
(e) "Vulnerable adult abuse registry" or "registry" means the
registry created under section 5.
Sec. 5. (1) The department shall establish and maintain a
statewide electronic vulnerable adult abuse registry.
(2) If an individual is convicted of vulnerable adult abuse,
the department shall list that individual on the vulnerable adult
abuse registry.
(3) The department shall work with the department of
technology, management, and budget and any other entity the
department determines necessary to establish the vulnerable adult
abuse registry.
(4) The department shall work with the department of state
police and other law enforcement agencies to establish a reporting
procedure that allows the department to obtain the names and other
necessary information of individuals required to be listed on the
vulnerable adult abuse registry.
Sec. 7. (1) Unless made public under a law of this state or a
law of another state, a written report, document, or photograph
filed with the department as provided in this act is a confidential
record available only to 1 or more of the following:
(a) A legally mandated public or private agency investigating
a report of known or suspected vulnerable adult abuse or a legally
mandated public or private agency prosecuting a disciplinary action
against its own employee involving vulnerable adult services
records.
(b) A police or other law enforcement agency investigating a
report of known or suspected vulnerable adult abuse.
(c) A physician who is treating a vulnerable adult whom the
physician reasonably suspects may be abused.
(d) A person, agency, or organization, including a
multidisciplinary case consultation team, authorized to diagnose,
care for, treat, or supervise a vulnerable adult who is the subject
of a report or record under this act, or a person, agency, or
organization, including a multidisciplinary case consultation team,
that is responsible for the vulnerable adult's health or welfare.
(e) A person named in the report or record as a perpetrator or
alleged perpetrator of the vulnerable adult abuse.
(f) A court that determines the information is necessary to
decide an issue before the court.
(g) A grand jury that determines the information is necessary
to conduct the grand jury's official business.
(h) A person, agency, or organization engaged in a bona fide
research or evaluation project. The person, agency, or organization
shall not release information identifying a person named in the
report or record unless that person's written consent is obtained.
The person, agency, or organization shall not conduct a personal
interview with a family without the family's prior consent and
shall not disclose information that would identify the vulnerable
adult or his or her family or other identifying information. The
department director may authorize the release of information to a
person, agency, or organization described in this subdivision if
the release contributes to the purposes of this act and the person,
agency, or organization has appropriate controls to maintain the
confidentiality of personally identifying information for a person
named in a report or record made under this act.
(i) Subject to section 11, a standing or select committee or
appropriations subcommittee of either house of the legislature
having jurisdiction over vulnerable adult matters.
(j) A county medical examiner or deputy county medical
examiner appointed under 1953 PA 181, MCL 52.201 to 52.216, for the
purpose of carrying out his or her duties under that act.
(2) A person or entity to whom information described in
subsection (1) is disclosed shall make the information available
only to a person or entity described in subsection (1). This
subsection does not require a court proceeding to be closed that
otherwise would be open to the public.
Sec. 9. (1) Not less than 30 days after the department lists
an individual on the vulnerable adult abuse registry, the
department shall notify in writing the individual listed on the
registry. The notice shall set forth the individual's right to
request expunction of the record and the right to a hearing if the
department refuses the request.
(2) A person who is the subject of a report or record made
under this act may request the department to amend an inaccurate
report or record from the registry and local office file. A person
who is the subject of a report or record made under this act may
request the department to expunge from the registry a report or
record in which no relevant and accurate evidence of vulnerable
adult abuse is found to exist. A report or record filed in a local
office file is not subject to expunction except as the department
authorizes, if considered in the vulnerable adult's best interest.
(3) If the department refuses a request for amendment or
expunction under subsection (2), or fails to act within 30 days
after receiving the request, the department shall hold a hearing to
determine by a preponderance of the evidence whether the report or
record in whole or in part should be amended or expunged from the
registry on the grounds that the report or record is not relevant
or accurate evidence of vulnerable adult abuse. The hearing shall
be held before a hearing officer appointed by the department and
shall be conducted as prescribed by the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(4) If the investigation of a report conducted under this act
fails to disclose evidence of vulnerable adult abuse, the
information identifying the subject of the report shall be expunged
from the registry. If evidence of abuse exists, the department
shall maintain the information in the registry until the department
receives reliable information that the perpetrator of the
vulnerable adult abuse is dead.
(5) In releasing information under this act, the department
shall not include a report compiled by a police agency or other law
enforcement agency related to an ongoing investigation of suspected
vulnerable adult abuse. This subsection does not prevent the
department from releasing reports of convictions of crimes related
to vulnerable adult abuse.
(6) An agency obtaining a confidential record under section
7(1)(a) may seek an order from the court having jurisdiction over
the vulnerable adult that allows the agency to disseminate
confidential information to pursue sanctions for alleged
dereliction, malfeasance, or misfeasance of duty against an
employee of the agency, to a recognized labor union representative
of the employee's bargaining unit, or to an arbitrator or 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. Information
released under this subsection shall be released in a manner that
maintains the greatest degree of confidentiality while allowing
review of employee performance.
Sec. 11. (1) The department shall make information contained
in the vulnerable adult abuse registry and reports and records made
under this act available to a standing or select committee or
appropriations subcommittee of either house of the legislature
having jurisdiction over protective services matters for vulnerable
adults subject to all of the following:
(a) The department shall not provide confidential information
protected by section 7 to the committee unless the committee
members appointed and serving agree by roll call vote that the
information is essential for the protection of Michigan vulnerable
adults or for legislative oversight of the protective services
program and that the confidential information will only be
considered at a closed session of the committee. The affirmative
vote required by this subdivision shall be by not less than the
supermajority required by section 7 of the open meetings act, 1976
PA 267, MCL 15.267, and may serve as the vote required under that
section for holding a closed session.
(b) In addition to compliance with the open meetings act, 1976
PA 267, MCL 15.261 to 15.275, a closed session held under this
section shall comply with all of the following:
(i) Tape recording, camera, or other electronic equipment for
documenting the proceedings shall not be permitted in the closed
session.
(ii) Attendance at the closed session shall be limited to
committee members, other members of the legislature and legislative
staff at the discretion of the chairperson, and staff members from
the department designated by the director.
(2) A person who discloses or causes to be disclosed
confidential information to which the person has gained access at a
meeting held under this section is guilty of a misdemeanor. A
person who keeps a confidential record or file, or a copy of a
confidential record or file, at the conclusion of a closed session
held under this section, which record or file is obtained at that
meeting, is guilty of a misdemeanor.
Sec. 13. (1) Upon written request, the department may provide
to an individual, or whoever is appropriate, documentation stating
that the individual is not named in the vulnerable adult abuse
registry as the perpetrator of vulnerable adult abuse.
(2) An individual or the department may share the document
provided in subsection (1) with whoever is appropriate for the
purpose of seeking employment or serving as a volunteer if that
employment or volunteer work will include contact with vulnerable
adults.
(3) An employer, a person or agency to whom an individual is
applying for employment, or a volunteer agency, with appropriate
authorization and identification from the individual, may request
and receive vulnerable adult abuse registry clearance information
if that employment or volunteer work will include contact with
vulnerable adults.
(4) The department may develop an automated system that lists
individuals who have not been named in the vulnerable adult abuse
registry as the perpetrator of vulnerable adult abuse. An
individual applying for vulnerable adult-related employment or
seeking to volunteer in a capacity that would allow unsupervised
access to a vulnerable adult whose health or welfare the individual
is not responsible for may be listed in that system if a screening
of the individual finds that he or she has not been named in the
vulnerable adult abuse registry as the perpetrator of vulnerable
adult abuse. The automated system developed under this section
shall provide for public access to the list of individuals who have
been screened for the purposes of complying with this section. An
automated system developed under this section shall have
appropriate safeguards and procedures to ensure that information
that is confidential under this act, state law, or federal law is
not accessible or disclosed through that system.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.