Michigan’s Auditor General and the Michigan Department of Health and Human Services are locked in a heated battle over the release of CPS records. Or rather, in the non-release of CPS records, because the MDHHS has refused to provide the State Auditor access to the adoption records they need in order to conduct an investigation into CPS’s alleged mishandling of kids in the foster system.

Let’s back it up a moment. For those of you who aren’t familiar with Michigan’s Auditor General, they’re main oversight arm of the state legislature. Their primary job is to investigate “allegations of fraud, waste, or abuse involving State government officials, State employees, and entities receiving State money or other support.” So why are they investigating CPS? Because if you recall from last year, there were allegations about CPS worker caseloads. Specifically, workers being assigned waaaay more cases than they could handle.

Did CPS managers falsify paperwork? CPS employees say yes!

The situation erupted when the Lansing State Journal claimed to have found evidence that in at least three Michigan counties, CPS supervisors had intentionally logged inaccurate data about active abuse cases in the system. Why would they have done that? Because according to a number of employees, supervisors were trying to make it look like the agency was in compliance with a federal court order, when in fact they weren’t.

According to the Auditor General, they have been in negotiations with DHHS officials for months now, trying to work out an arrangement whereby they can get the records they need. However, although DHHS claims they are more than willing to work with the Auditors, they have refused to provide any of the requested documents. The reason? State law says that it’s a misdemeanor to release records without a court order.

But how is the Auditor General’s Office supported to do their job?

So that’s exactly what the Auditor has done – taken CPS to court and sued them in an effort to get access to the information they need. The suit has been filed in the Court of Claims, requesting that a Judge order the agency to give up the goods. According to the Auditors, this is a ridiculous process because they are authorized to access confidential documentation, and DHHS forced their hand. Ask DHHS, and they claim they have been nothing but helpful and compliant the whole way.

So what’s going on? Well, this is a tricky situation. Technically, the Auditors are correct. They do have government authorization to access otherwise confidential documentation, otherwise how could they do their job and hold government bodies accountable? But CPS is also correct – state law does require a court order to give out records for ongoing investigations. In essence, it’s a classic stalemate. But unlike in chess, where the game would simply end, this is real life. And now the decision lies in the hands of the court. We will have to wait and see…