The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6700 September 18, 1991 DEPARTMENT OF SOCIAL SERVICES: Access to community mental health recipient information in the course of adult protective services investigation. A Michigan Department of Social Services adult protective services worker may, in the course of carrying out an adult protective services investigation, obtain access to community mental health recipient information regardless of the source of a report or information concerning suspected abuse, neglect, exploitation or endangerment that led to the investigation. Gerald H. Miller Director Michigan Department of Social Services 235 S. Grand Avenue Lansing, Michigan 48909 You have requested my opinion on whether the Michigan Department of Social Services may obtain access to community mental health recipient information in the course of an adult protective services investigation. The adult protective services law, MCL 400.11 et seq; MSA 16.411 et seq, amended the Social Welfare Act, MCL 400.1 et seq; MSA 16.401 et seq, adding various provisions for the reporting and investigation of suspected instances of abuse, neglect, exploitation or endangerment of adults and the provision of services for preventing, identifying and treating such cases. The Social Welfare Act imposes upon the Michigan Department of Social Services the duty to investigate reports made pursuant to the Act, and adult protective services workers employed by that agency must determine whether an adult is in need of protective services. Section 11b of the Social Welfare Act provides, in pertinent part: (1) Within 24 hours after receiving a report made or information obtained pursuant to section 11a, the county department of social services shall commence an investigation to determine whether the person suspected of being abused, neglected, exploited, or endangered is an adult in need of protective services. A reasonable belief on the part of the county department that the person is an adult in need of protective services is a sufficient basis for investigation.... (3) The investigation shall include a determination of the nature, extent, and cause of the abuse, neglect, exploitation, or endangerment; examination of evidence; identification, if possible, of the person responsible for the abuse, neglect, exploitation, or endangerment; the names and conditions of other adults in the place of residence; an evaluation of the persons responsible for the care of the adult, if appropriate; the environment of the residence; the relationship of the adult to the person responsible for the adult's care; an evaluation as to whether or not the adult would consent to receiving protective services; and any other pertinent data. (4) The investigation shall include an interview with the adult. The county department shall conduct the interview by means of a personal visit with the adult in the adult's dwelling or in the office of the county department, by telephone conversation, or by any other means that may be available to the county department. In attempting to conduct a personal visit with the adult in the adult's dwelling, if admission to the dwelling is denied, the county department may seek to obtain a search warrant pursuant to Act No. 189 of the Public Acts of 1966, being sections 780.651 to 780.659 of the Michigan Compiled Laws. (5) The investigation may include a medical, psychological, social, vocational, and educational evaluation and review. (6) In the course of an investigation, the county department shall determine if the adult is or was abused, neglected, exploited, or endangered. The county department shall make available to the adult the appropriate and least restrictive protective services, directly or through the purchase of services from other agencies and professions, and shall take necessary action to safeguard and enhance the welfare of the adult, if possible. The county department also shall collaborate with law enforcement officers, courts of competent jurisdiction, and appropriate state and community agencies providing human services, which services are provided in relation to preventing, identifying, and treating adult abuse, neglect, exploitation, or endangerment.... (7) Upon completion of an investigation, the county department shall prepare a written report of the investigation and its findings. A copy of this written report shall be forwarded to the state department upon the request of the state department. [Emphasis added.] Your letter states that, in order to adequately carry out the investigations mandated by this provision, adult protective services workers sometimes find it necessary to review confidential community mental health recipient information and records regarding a person suspected of being abused. Your letter also states that some community mental health agencies, relying upon the confidentiality provisions of the Mental Health Code, MCL 330.1001 et seq; MSA 16.411 et seq, have refused to disclose such community mental health records to an adult protective services worker unless the community mental health agency itself made a report of suspected abuse. The Mental Health Code does provide for the confidentiality of community mental health records and information and sets forth the specific conditions under which such records and information may be disclosed by the holder of the record. Section 748(4)(d) of the Mental Health Code, MCL 330.1748(4)(d); MSA 14.800(748)(4)(d), however, authorizes disclosure of community mental health recipient information and records "[w]hen necessary in order to comply with another provision of law." Also pertinent is section 748(6)(c) of the Mental Health Code, MCL 330.1748(6)(c); MSA 14.800(748)(6)(c), which authorizes the disclosure of such records "[t]o providers of mental or other health services or a public agency, when there is a compelling need for disclosure based upon a substantial probability of harm to the recipient or other persons." As is observed above, the Social Welfare Act mandates that the Michigan Department of Social Services investigate suspected instances of abuse, neglect, exploitation or endangerment of adults and determine the cause and manner in which it is occurring. Section 11b(5) of that Act explicitly authorizes the Department of Social Services to include in its investigation a medical and psychological evaluation and review. In order to effectively carry out this statutorily mandated investigation, adult protective services workers employed by the Michigan Department of Social Services must be permitted access to information, including information contained in community mental health records, which will assist in the goal of protecting vulnerable adults. Disclosure of such community mental health records to adult protective services workers is, therefore, "necessary in order to comply with another provision of law" within the meaning of section 748(4)(d) of the Mental Health Code, supra, and is, moreover, an appropriate disclosure to a "public agency" since there is a "compelling need for disclosure based upon a substantial probability of harm to the recipient or other persons" within the meaning of section 748(6)(c) of the Mental Health Code. If the right of the Michigan Department of Social Services, through its adult protective services workers, to gain access to information or records pertaining to a recipient of community mental health services suspected of being abused were conditioned on whether a report of mistreatment is made by community mental health staff, the result would be that the community mental health agency and not the Michigan Department of Social Services would make the determination of whether a vulnerable adult is in need of protective services. As previously noted, the Social Welfare Act mandates that the Michigan Department of Social Services make this determination. It is a well settled principle of statutory construction that statutes must be construed so as to avoid, not produce, absurd results or consequences. Hiltz v. Phil's Quality Market, 417 Mich 335; 337 NW2d 237 (1983); In the Matter of Karen Marable, 90 MichApp 7; 282 NW2d 221 (1979), lv den 407 Mich 871 (1979). Thus, if there exists information held by a community mental health agency regarding an adult who is suspected of being abused, adult protective services workers are authorized to review such information in the course of an adult protective services investigation. A community mental health agency is required to disclose such information or records in order to comply with another provision of law, namely, section 11b of the Social Welfare Act. The disclosure requirement exists irrespective of the source of the report to the Michigan Department of Social Services that the adult's safety or welfare may be in jeopardy. It is my opinion, therefore, that a Michigan Department of Social Services adult protective services worker may, in the course of carrying out an adult protective services investigation, obtain access to community mental health recipient information regardless of the source of a report or information concerning suspected abuse, neglect, exploitation or endangerment that led to the investigation. Frank J. Kelley Attorney General