Michigan Laws 400.685 – Obtaining credit report on child placed in foster care; requirements
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Terms Used In Michigan Laws 400.685
- Consumer reporting agency: means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit-related information or other information on consumers for the purpose of furnishing credit reports to third parties. See Michigan Laws 400.683
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit report: means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity. See Michigan Laws 400.683
- Department: means the department of health and human services. See Michigan Laws 400.683
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) For a child 14 years or older but less than 18 years of age who is placed under the department‘s care or supervision for foster care, the department shall annually request from at least 1 consumer reporting agency a credit report on each child.
(2) If a credit report requested under subsection (1) indicates the appearance of fraudulent activity in the foster child’s name, both of the following apply:
(a) The department shall work with the foster child and the consumer reporting agency to address and remove the fraudulent activity from the foster child’s credit report.
(b) Subject to state and federal confidentiality laws, the department may report the fraudulent activity to a law enforcement agency for investigation.
(3) For a youth 18 years of age or older who was placed under the department’s care or supervision for foster care, the department shall assist the youth in obtaining a copy of his or her credit report. The youth described in this subsection may choose to opt out of receiving this assistance, and the department shall make a notation in the case record regarding the youth’s choice to opt out.
(4) When a child under 14 years of age leaves foster care, the department shall recommend to that child’s permanent caregiver that a credit check be performed on the child to ascertain if there is possible fraudulent activity in the child’s credit history.