2009 House Bill 5364: Make DHS employees liable for false reports

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Introduced by Rep. Tom McMillin (R) on September 15, 2009, to establish that the usual immunity from civil suits for actions by public employees in the course of performing their duties does not apply to a Department of Human Services or foster care agency employee if they file or produce a false report or false document relating to the department, or commit perjury in a proceeding relating to a case or duty encompassed within his or her job duties.
- Referred to the House Judiciary Committee on September 15, 2009.

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1) Re: 2009 House Bill 5364 (Make DHS employees liable for false reports ) by virtuous on November 8, 2010

@beverlytran: Well said, and I totally agree.

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2) Re: 2009 House Bill 5364 (Make DHS employees liable for false reports ) by khash on January 21, 2010

This Bill should be passed as soon as possible. CPS presently has no restrictions from kidjacking a child out of their household. Parents and guardians have no recourse once their children have been kidjacked by CPS. The courts only care what the CPS workers say on their checklist. In court or any other proceding you are at the mercy of the DHS worker in charge of your case. If the worker lies or omits information that is in your favor it is a simlpe oversight. If you do, it is contempt of court. You are held to a far higher standard then they. And if you have the capability of paying reimbursement, look out! By the time you are done paying a lawyer for a year of kiddie incarceration, the state reimbursement, you will be broke. “Trust Me” Legislation must be passed to end this injustice.

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3) Re: 2009 House Bill 5364 (Make DHS employees liable for false reports ) by beverlytran on September 25, 2009

This is quite novel legislation.

First, the individuals affected by Child Protective Services are only eligible for intervention if they meet the criteria of the poverty means test. Then, what this translates to is that the impoverished cannot afford legal representation.

Does it means one can go to Legal Aid? No. Legal Aid is a state funded operation, normally out of state public universities. Wayne State University is situated in one of the most perverse counties when it comes to fraud in child welfare, so, the likelihood of making it to the court for a judicial dertermination of immunity is nothing but a pipe dream.

Since this bill is now in Committee, let's look at it this way:

Empower the Attorney General to start using the Medicaid Fraud Unit in his Department to aggressively go after Medicaid fraud in child welfare. Targeted Case Management funds the activities identified in this bill. Individuals affected by fraudulent actions could report and go through the Medicaid Fraud Unit to be eligible for renumeration under the Medicaid False Claims Act.

This is what is called accountability and transparency. Empower the people to regulate. In the end, the state recoups a percentage of the federal funds upon recovery and reduces its state funding percentage in Medicaid.

Everyone wins except those who continue to commit fraud in child welfare in Michigan.

Beverly Tran

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