MICHIGAN

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For an official table of Michigan child protection laws, see:

http://www.legislature.mi.gov/(S(vljhtk4uxcjzrun031wjbsyx))/mileg.aspx?page=GetObject&objectname=mcl-act-238-of-1975

WHO:        ANY person – even a child – MAY report if s/he has reasonable cause to suspect child abuse or neglect.  [Comp. Laws § 722.624]

These are mandatory (MUST report): • Physicians, physician assistants, dentists, dental hygienists, medical examiners, nurses, persons licensed to provide emergency medical care, or audiologists • Psychologists, marriage and family therapists, licensed professional counselors, social workers, or social work technicians • Persons employed in a professional capacity in any office of the friend of the court • School administrators, counselors, or teachers • Law enforcement officers • Members of the clergy • Regulated child care providers • Department of Human Services employees, including eligibility specialists, family independence managers, family independence specialists, social services specialists, social work specialists, social work specialist managers, or welfare services specialists • Any employee of an organization or entity that, as a result of Federal funding statutes, regulations, or contracts, would be prohibited from reporting in the absence of a State mandate or court order.  [Comp. Laws § 722.623]

·       NOTE: The mandate is not limited to observations at work; it applies at any time.

·       STANDARD:   [Comp. Laws §§ 722.622(f); 722.623(1)(a),(8); 722.623a; 722.624]  Child means under age 18.

(1)   Mandated reporter: (a) reasonable cause to suspect child abuse or child neglect; or (b) knowledge – or from the child’s symptoms, reasonable cause to suspect – that a newborn has in its body any amount of alcohol, or of a controlled substance or its metabolite, except by medical treatment of the newborn or its mother.

(2)   Other reporter:  reasonable cause to suspect child abuse or child neglect.

(3)   Reasonable cause is automatic for: (1) pregnancy of a child under age 12; or (2) sexually transmitted infection in a child under age 12 but over age 1 month.    

·       PRIVILEGE:  Only attorney-client or clergy-confessor privilege can be grounds for not reporting or for excluding evidence from proceedings. Clergy who learn of child abuse or neglect in another mandated capacity [e.g., therapist / counselor] must report it.  [Comp. Laws § 722.631]  Note: the only clergy role that is privileged is confession.

WHEN:      For mandated reports:  (1) IMMEDIATE oral, then (2) written within 72 HOURS after the oral report; OR just an IMMEDIATE full online report.  [Comp. Laws § 722.623(1)] 

WHERE & HOW:  Michigan Department of Health and Human Services (MDHHS) uses a statewide centralized system to receive all reports.  [Comp. Laws §§ 722.622; 722.623]

For emergencies:                              Dial 911, report afterward

For NON-mandated reporters:          Contact MDHHS (in any way below except online)

[Comp. Laws § 722.624]                    or law enforcement (see directory at https://www.usacops.com/mi/)

For oral reports (24/7, toll-free):         855-444-3911             (MDHHS)

For written reports:    Mandated reporters must complete form DHS-3200 and file in one of the ways below or must report online.  [Comp. Laws §§ 722.622; 722.623; 722.623(1)] 

·       Form DHS-3200 is a fillable PDF document that can be downloaded at https://dhhs.michigan.gov/ChildSupport/policy/Documents/DHS-3200.doc; if the reporter lacks it and Internet access, DHS sends it to him/her.  [Pol. Man. § 712-1]

·     To mail it:  Address it to: Centralized Intake for Abuse & Neglect, 5321 28^th Street Court, SE, Grand Rapids, MI 49546

·     To fax it:  616-877-8900 or 616-977-8050 or 616-977-1158 or 616-977-1154

·     To email it:  MDHHS-CPS-CIGroup@michigan.gov

·     To file online:  This is for mandatory reports of non-emergencies. A single full online report can substitute for the oral+written reports. See links to the form, system, report, and user guides at the following URL:

https://www.michigan.gov/mdhhs/0,5885,7-339-73971_7119_50648_44443---,00.html

OTHER ASPECTS

·        INSTITUTIONS: A mandated reporter on staff at a hospital, agency, or school MUST notify its chief of the finding, and when it was reported, and MUST make a copy of the written report available to the chief. But that does NOT exempt staff from their duty to report to MDHHS. One reporter per incident is enough. Institutions must not penalize reporting or cooperation with investigators.  [Comp. Laws § 722.623(1)(a)] 

·       REPORT DETAILS:  [Comp. Laws § 722.623(2); MDHHS Guide to Detailed Reporting]

o   Written and online reports MUST contain: (1) the child’s name and a description of the abuse or neglect; (2) if possible, names and addresses of the child’s parents, guardian, or persons with whom the child resides, and child’s age; and (3) other available info on the cause and how abuse or neglect occurred. 

o   Mandated reporters SHOULD also include: (4) any known history of abuse/neglect of the child; (5) whether the reporter saw alleged abuse or neglect, or if the child victim(s) disclosed it, and if not seen, how and by whom the info was obtained and whether the source is considered reliable; (6) when concerns were seen or heard and when the reporter last saw the child; (7) the child’s current whereabouts and any immediate concern for his/her safety; (8) any known supports/resources the family has challenges; (9) if a family address is unknown, best description of its locale and appearance; (10) if a family location is unknown, where behavior was seen or heard; (11) any other info that may help locate family members at work, school, daycare, or elsewhere; (12) contact info of anyone who may know more.

·       REPORTER PROTECTION: (1) Statutes do not specifically require reporters to provide their names. (2) The reporter’s identity is confidential, and disclosed only by his/her consent or by judicial process.  [Comp. Laws §§ 722.625; 722.627(2)(f),(4)]  (3) Reporters in good faith are immune from civil and criminal liability, and good faith is presumed, but the immunity does not extend to either negligence or physician malpractice when they result in personal injury or death.  [Comp. Laws Ann. § 722.625]

WHY:        (1) Mandatory reporters who fail to report are civilly liable for damages proximately caused (i.e., as a direct result), AND if the failure was knowing, it is a misdemeanor with a < $500 fine and/or < 93 days’ imprisonment.  [Comp. Laws § 722.633(1),(2)]  (2) ANYONE intentionally making a knowingly false report of MISDEMEANOR child abuse or neglect commits a misdemeanor with a < $100 fine and/or < 93 days’ imprisonment. (3) ANYONE intentionally making a knowingly false report of FELONY child abuse or neglect commits a felony punishable by the lesser of: (a) the penalty for the falsely reported child abuse or neglect; or (b) a < $2,000 fine and/or < 4 years’ imprisonment. [Comp. Laws § 722.633(5)]

WHAT:      Michigan defines child abuse as physical or mental injury, sexual abuse, sexual exploitation, or maltreatment. Michigan defines child neglect as failure to provide and failure to eliminate an unreasonable risk.  [Comp. Laws §§ 722.622(g),(k)]    

Initial Screening Criteria (MDHHS): (1) complaint’s validity; (2) whether the complaint meets statutory criteria for investigation [has all the legal elements], and (3) level of risk to the child. Four legal elements must be present in the allegation: (a) harm or threatened harm to a (b) child’s health or welfare through (c) nonaccidental or neglectful behavior by a (d) person responsible for the child’s health or welfare.  [Pol. Man, §§ 712-1; 712-8]

Reportable: (1) person responsible for the child’s health or welfare for physical injury, mental injury, sexual abuse, sexual exploitation, maltreatment, neglect by failure to provide or failure to eliminate an unreasonable risk; (2) a teacher, teacher's aide, or member of the clergy for physical injury, mental injury, sexual abuse, sexual exploitation, or maltreatment.  [Comp. Laws §§ 722.622(g),(k)]  NOTE: abusers outside this description may still be committing a crime, thus it is reportable to police.  

·        Person responsible for the child's health or welfare means: [Comp. Laws § 722.622(x)]

 (1)  a (a) parent; (b) legal guardian; (c) person age 18 or older who resides for any length of time in the same home as the child; or (d) nonparent adult; OR

(2)   an owner, operator, volunteer, or employee of one or more of a: (a) licensed or registered child care organization; (b) licensed (or not) adult foster care family home or adult foster care small group home; or (c) court-operated facility.

NOTE:  A nonparent adult is age > 18 and, regardless of domicile, has ALL of: (a) substantial, regular contact with the child; (b) a close personal relationship with the parent or a person responsible for the child's health or welfare; AND (c) no relationship to the child by blood or affinity to the third degree.  [Comp. Laws § 722.622(v)]

I. Child Abuse  is (a) harm or threat of it (b) to a child's health or welfare (c) by non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, (d) by a parent, legal guardian, or anyone else responsible for the child's health or welfare OR by a teacher, a teacher's aide, or a member of the clergy.  [Comp. Laws §§ 722.622(g)]

(A)     Physical discipline is NOT abuse when administered by a parent, guardian, or other person permitted by law or authorized by the parent or guardian, if it is reasonable and uses only reasonable force.  [Penal Code 750.136b(9)]  In part this means using only an open hand (no objects), and never above the shoulders.

(1)     INAPPROPRIATE DISCIPLINE is excessively harsh physically or emotionally, and/or inappropriate for the child’s age or development. Some examples with emotional abuse include: persistent berating; belittling; demeaning; and consistent deprivation of affection or emotional support.  [PSM § 713-11]

(B)     Physical abuse (injury) includes non-accidentally inflicting any of: (a) death; (b) loss or impairment of a bodily function or body part; (c) permanent disfigurement; (d) temporary disfigurement that is repetitive or needs medical intervention; (e) brain damage; (f) skull or bone fracture; (g) subdural hemorrhage or hematoma; (h) dislocations; (i) sprains; (j) internal injuries; (k) poisoning; (l) drug- or alcohol-exposed infants; (m) burns; (n) scalds; (o) cuts; (p) bruises; (q) welts; (r) open wounds; (s) lost consciousness; (t) adult bites; (u) provoked animal attacks; (v) choking; (w) armed threats; (x) battering; (y) torture; and (z) forcible restriction or forcible confinement.  [Pol. Man. §§ 711.5; 712.3; PSM § 716-7; Comp. Laws §§ 750.136b (g)]

(1)     PHYSICAL INJURY is SEVERE if it: (a) requires medical treatment or hospitalization and (b) seriously impairs health or physical well-being.  [Comp. Laws § 722.628(3)(c)]

(2)     REASONABLE FORCE is used in schools to: (a) restrain or remove a disruptive pupil; (b) defend oneself or another; (c) prevent a pupil from harming him/herself; (d) quell a physically dangerous disturbance; (e) disarm a pupil; and (f) protect property.  [Comp. Laws § 380.1312(4)]

(C)     Mental Injury means: (a) a pattern of (b) physical or verbal acts or omissions (c)  by the parent and/or person responsible for the child’s health and welfare, (d) resulting in or significantly risking psychological or emotional injury / impairment to the child (e.g., depression, anxiety, detachment, psychosis, fear of abandonment, fear for life or safety, etc.).  [Pol. Man. § 711-5]

(1)      DIAGNOSIS: for a psychological condition to qualify legally as a mental injury, a mental health practitioner must either diagnose it or determine a significant risk of psychological or emotional injury / impairment. [Pol. Man. § 711-5]

(2)      SERIOUS mental harm / injury to a child's mental condition or welfare is not necessarily permanent but has visibly demonstrable manifestations of a substantial thought or mood disorder that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.  [Pol. Man. § 712-3; Comp. Laws § 750.136b]

(3)     MENTAL INJURY is SEVERE if it results in visible substantial alteration of mental functioning, due to acts or threats of them against the child or others for: (a) inflicting great bodily injury; (b) using substances or procedures to disrupt the senses or personality; or (c) threat of imminent death.  [Pol. Man. § 711-5]

(D)     Sexual Abuse means:  [Comp. Laws § 722.622(z); Pol. Man. § 711-5]

(1)     SEXUAL CONTACT, including but not limited to intentionally touching the victim's or alleged perpetrator's intimate parts or clothing covering them, where reasonably it is for sexual arousal, gratification, or any other improper purpose.

(2)     SEXUAL PENETRATION, including sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of one person’s body part or object into another’s genitals or anus. (Regardless of semen emission.)

(3)     ACCOSTING, SOLICITING OR ENTICING a minor to commit or attempt sexual contact or penetration, which may include prostitution.

(4)     KNOWINGLY EXPOSING a minor to any of those acts.

(5)     CONTEXT: THE AGE OF CONSENT is 16. But it is 18 for an unemancipated child consenting to an employee, contractor, volunteer, or vendor of his/her school who is not his/her spouse; and the age of consent is 26 for a special education student in the same situation.  [Comp. Laws § 750.520d] 

(6)     CONTEXT: INCEST is a subset of criminal sexual conduct, and includes sexual penetration or sexual contact with a relative by blood (common ancestor) or affinity (marriage) up to the third degree for a partner age 16 or more, and up to fourth degree for a partner age 13, 14, or 15.  [Comp. Laws §§ 750.520b(1)(b)(ii); 750.520c(d); 750.520d(1)(b)(ii);750.520e(d)]  [Up to 3^rd degree is: (a) parent or stepparent; (b) grandparent, grandparent’s spouse, and great grandparent; (c) child or stepchild, or either’s spouse; (d) grandchild, grandchild’s spouse, and great grandchild; (e) brother or sister of whole or half blood, or their spouse or child; (f) parent’s brother or sister. 4^th degree is: (g) great, great grandparent or great, great grandchild; (h) spouse of a great grandparent or great grandchild; (i) great uncle or great aunt; (j) spouse of a parent’s brother or sister; (k) first cousin; and (l) grandnephew or grandniece.]

(7)     STATUTORY RAPE (criminal sexual conduct) applies if the child is age 13, 14, or 15; and (a) lives in the same household as the offender, OR (b) is related by affinity to the 4^th degree, or (c) the offender is an authority figure who coerces him/her. There are also restrictions on underage sex with staff in social work, child care, foster care, and corrections.  [Comp. Laws § 750.520b – 750.520e]  

(E)     Sexual Exploitation means improper use of a child for one’s own profit or advantage, and includes: (1) allowing, permitting, or encouraging a child to engage in prostitution; and/or (2) allowing, permitting, encouraging, or engaging in photographing, filming, or depicting a child in a sexual act.   [Pol. Man. § 711-4; Comp. Laws § 722.622(aa)]

(1)     SEVERE SEX TRAFFICKING means to: (a) recruit, harbor, transport, provide, patronize, or solicit anyone (b) for purposes of a commercial sex act (c) by force, fraud, or coercion or the person is under age 18.  [Pol. Man. §§ 711-4; 711-5]

(2)     MALTREATMENT means cruelty or suffering that a reasonable person would recognize as excessive. Examples are a parent’s: (a) locking a child in a closet; (b) tying or tethering a child; (c) making a child eat dog food in a dog bowl; (d) criminal corruption of the child (e.g., for shoplifting); and (e) making a child wear a bedwetting sign.  [Pol. Man. § 711-5]

(3)     MISC.: LABOR TRAFFICKING may physically or mentally abuse and/or maltreat a child. It (a) recruits, harbors, transports, provides, or obtains (b) anyone for labor or services, by (c) force, fraud, or coercion for (d) subjection to involuntary servitude, peonage, debt bondage, or slavery.  [Pol. Man. § 711-4]

II. Child Neglect means harm or threat of it to a child's health or welfare, by a parent, legal guardian, or any other person responsible for the child’s health or welfare, from either failing to provide or seek means or failing to intervene:  [Comp. Laws §§ 722.622(k)]

(A)     Failing to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or (b) failing to seek financial or other reasonable means to provide those.  [Comp. Laws §§ 722.622(k); Pol. Man. § 711-5]

(1)     PHYSICAL NEGLECT includes but is not limited to failure to provide, or attempt to provide, food, clothing, or shelter necessary to sustain the child’s life or health, excluding those situations solely attributable to poverty. 

(2)     MEDICAL NEGLECT includes failure to seek, obtain, or sustain medical care, resulting in or risking (a) death, (b) disfigurement, or (c) bodily harm or resulting in (d) observable material impairment to growth, development or functioning.

(a)      Exception: It is NOT neglect if a parent or guardian provides no medical treatment due to legitimately practicing religious beliefs. BUT (1) a court may order medical or lawful nonmedical remedial services. ALSO, (2) this exception does not exempt required reporting. [Comp. Laws § 722.634]

(3)     ABANDONMENT: Placing or leaving a child with an agency, person, hospital, etc., without: (1) getting their agreement to assume responsibility for the child; or (2) cooperating with MDHHS to provide for care and custody. 

(B)     Failing to intervene to eliminate unreasonable risk though able to do so and aware of it (or should have been). E.g.: (a) ongoing at home (alone, violence, drugs); (b) unresolved priors (abuse/neglect, terminated parental rights, crimes against children); (c) driving under the influence (alcohol; illegal substances) with a child; (d) birth with terminated parental rights; and (e) a known doer of a crime against a child moves in.  [Pol. Man. § 711-5; PSM §§ 712-6; 713-08; Comp. Laws § 722.623(9)]

(1)     IMPROPER SUPERVISION means putting a child in, or failing to remove one from, a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in harm or threatened harm to the child.  [Pol. Man. § 711-5]

(2)     FAILURE TO PROTECT: Knowingly (or should have known) allowing abuse and/or neglect without taking appropriate measures to stop it or prevent more, though able to do so. E.g., home violence.  [Pol. Man. § 711-5; PSM § 713-08]