A federal judge Friday ordered Michigan
officials to let an advocacy group examine case files
involving foster children who have died in recent
years while under state care.
The Michigan Department of Human Services said it
would obey the order by Donald A. Scheer, a U.S.
District Court magistrate judge in Detroit. Scheer
approved a motion seeking the information, filed by
New York-based Children's Rights.
"The court's ruling today tells the state that it
cannot hide behind confidentiality laws designed to
protect children in order to shield itself from public
scrutiny," said Sara Bartosz, attorney for the group.
Children's Rights is suing the state over the
quality of its child protection program, contending it
is riddled with inadequate resources and poor
services. That has resulted in substandard physical
and mental care and foster children repeatedly being
moved between homes, the August 2006 complaint says.
The group requested records involving six living
children named as plaintiffs, in addition to 68
children who have died while in state care since 2004,
a spokeswoman said. The class-action lawsuit
represents all 19,000 Michigan children in the system.
State officials argued that privacy laws required
them to withhold or edit documents to prevent release
of information that could identify children, foster
parents and biological parents. Case files typically
include material such as Social Security numbers and
medical and psychological records, said Maureen
Sorbet, spokeswoman for the Department of Human
Services.
In his ruling, Scheer said the advocacy group's
need to evaluate the department's performance
outweighed the state's confidentiality concerns.
The law allows release of personal information when
doing so "will promote the best interests of the
children involved, the proper function and oversight
of the system, or the interests of justice," Scheer
said.
In a separate order, he instructed all those
involved in the suit to protect confidential
information from leaking.
"We will, of course, comply with the order," Sorbet
said.