Michigan Auditor General Sues Administration for Records

We are Kathey and Rob Raskin of Las Vegas, and we believe our country’s children are the #1 priority. That’s why we want DHR to be held accountable.

In what could be a first for Michigan, legislative auditors asked a judge to announce that they can access private records in their work to hold the administration responsible. The Michigan Auditor General sued the Michigan Department of Health & Human Services in state claims court. The Auditor General asked a judge to order the state’s child welfare agency to release adoption records which auditors say they require to investigate whether Governor Rick Snyder’s administration is upholding rules in its management of children who are removed from their parents as a result of abuse or neglect.

Auditors are presently examining Michigan’s foster care and adoption programs and state they’re authorized to retrieve otherwise confidential records since state law and the constitution permit them. But DHHS officials have declined to release some adoption records sought as part of that investigation, stating Michigan law forbids their release without a court order.

Kelly Miller, Auditor General’s state relations officer, stated that they are unaware of any other situation where they’ve had to sue the administration for records.

The lawsuit has been filed following months of negotiations. The DHHS stated it offered to work with the Legislature to change state law so the auditors would have access, according to DHHS spokeswoman Geralyn Lasher.

Lasher stated that, “[the Auditors] have now made it clear with this filing […] they have no interest in working in a cooperative fashion […] we will […] respond through court filings at this point.”

DHHS Director Lyon had refused to obey a subpoena from auditors, and Miller said they wish for the judge to order Lyon to comply.

Auditors are also investigating the caseloads of DHHS child welfare employees following a State Journal investigation last year which revealed allegations that DHHS supervisors in at least seven counties had engineered records to make the department look like it was following court-ordered caseload limits. DHHS has been under federal court regulation for 10 years, after an advocacy group sued the department over a string of child deaths.

As part of the review of child-placing agencies, Auditors are looking at caseloads and the adoption records could help them do so, according to Miller.

DHHS officials have continually claimed they’ve researched accusations of caseload manipulation and found no evidence of it. Officials stated employees likely misunderstood how cases were being handled.

Two DHHS supervisors were reallocated following the State Journal’s reports. The department stated one was not a disciplinary action and refused to confirm the other.

At Kathey and Rob Raskin Stop DHR we support holding DHHS accountable and want to see change. If you’ve seen problems with your local office, report it on our page. Then, do your part to get your state officials involved. Contact your state representatives here.

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