Mich. Comp. Laws Ann. § 333.16281 - Regulations and guidelines regarding child abuse or neglect investigations

Michigan permits “family independence agency caseworkers” to access a child’s medical records while conducting a child abuse or neglect investigation. If the caseworker determines that there is a “compelling need” for information to determine whether abuse or neglect has occurred or if there is a “substantial risk of harm,” the caseworker may request information from any provider that has cared for the child. The provider must examine the child’s medical records and release information relevant to the investigation within 14 days of the request even if such information would normally fall within one of Michigan’s “health professional-patient privileges.” However, if the subject matter of the disclosure involves HIV, the provider must comply with § 333.5131 instead of this section.

An individual that releases medical record information in good faith pursuant to a child abuse or neglect investigation is immune from any resulting civil or administrative liability unless their actions were grossly negligent or rise to the level of “willful and wanton misconduct.”

This section does not change any other statutory duties pertaining to child abuse and neglect.