Child Abuse Info

1. Legal Definitions:

"Child"

A person under 18 years of age

"Child abuse"

Harm or threatened harm to a child's health or welfare by a parent, legal guardian, teacher, teacher's aide, member of the clergy, or any other person responsible for the child's health or welfare through non-accidental:

1. physical or mental injury
2. sexual abuse
3. sexual exploitation
4. maltreatment

"Child neglect"

1. Failure of a parent, legal guardian, or other person responsible for the child's health or welfare to provide adequate food, clothing, shelter or medical care.
2. Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

"Person responsible for the child's health or welfare"

Means a parent, legal guardian, person 18 years of age or older who resides for any length of time in the same home in which the child resides, or, except when used in section 7(2)(e) or 8(8) of the Act, nonparent adult; or an owner, operator, volunteer, or employee of 1 or more of the following:

1. A licensed or registered child care organization.
2. A licensed or unlicensed adult foster care family home or adult foster care small group home as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.

"Nonparent adult"

Means a person who is 18 years of age or older and who, regardless of the person's domicile, meets all of the following criteria in relation to a child:

1. Has substantial and regular contact with the child.
2. Has a close personal relationship with the child's parent or with a person responsible for the child's health or welfare.
3. Is not the child's parent or a person otherwise related to the child by blood or affinity to the third degree.

"Sexual abuse"

Means engaging in sexual contact or sexual penetration as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a, with a child.

"Sexual exploitation"

Includes allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in a listed sexual act as defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.

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2. Mandated Reporters Of Child Abuse Or Neglect

Under the Michigan Child Protection Law (MCL 722.621-638), members of certain professions MUST IMMEDIATELY report suspected child abuse or neglect to the Department of Human Services (DHS). Individuals required to report under this Act include:

• Physicians
• Dentists
• Physician's Assistants
• Registered Dental Hygienists
• Medical Examiners
• Nurses
• Persons licensed to provide emergency medical care
• Audiologists
• Psychologists
• Marriage and Family Therapists
• Licensed Professional Counselors
• Certified Social Workers, Social Workers, and Social Work Technicians
• School Administrators, School Counselors and Teachers
• Law Enforcement Officers
• Members of the Clergy
• Regulated Child Care Providers

Individuals required to report must IMMEDIATELY by telephone or otherwise, make an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the DHS. The call should be made to the county Child Protective Services office. In Washtenaw County, that phone number is (734) 481-9110.

Within 72 hours after making the oral report, the reporting person shall file a written report as required in the Act.

If the reporting person is a member of the staff of a hospital, agency, or school, the reporting person shall notify the person in charge of the hospital, agency, or school of his or her finding and that the report has been made, and shall make a copy of the written report available to the person in charge.

A notification to the person in charge of a hospital, agency, or school does not relieve the member of the staff of the hospital, agency, or school of the obligation of reporting to the department as required by the Act. One report from a hospital, agency, or school shall be considered adequate to meet the reporting requirement.

A member of the staff of a hospital, agency, or school shall not be dismissed or otherwise penalized for making a report required by the Act or for cooperating in an investigation.

A DHS employee who is one of the following classifications, and has reasonable cause to suspect child abuse or neglect shall make a report of suspected abuse to the department:

• Eligibility specialist
• Family independence manager
• Family independence specialist
• Social services specialist
• Social work specialist
• Social work specialist manager
• Welfare services specialist

This obligation to report applies even if the abuse victim is over 18 years of age at the time of disclosure of the abuse for the reason that there may be a current risk of abuse to other children.

For purposes of this Act, the pregnancy of a child less than 12 years of age or the presence of a venereal disease in a child who is over 1 month of age but less than 12 years of age is reasonable cause to suspect child abuse and/or neglect has occurred.

A parent or guardian legitimately practicing his religious beliefs who thereby does not provide specified medical treatment for a child, for that reason alone shall not be considered a negligent parent or guardian. This section shall not preclude a court from ordering the provision of medical services or nonmedical remedial services recognized by state law to a child where the child's health requires it does not abrogate the responsibility of a person required to report child abuse or neglect.

(The written report shall contain the name of the child and a description of the abuse or neglect. If possible, the report shall contain the names and addresses of the child's parents, the child's guardian, the persons with whom the child resides, and the child's age. The report shall contain other information available to the reporting person that might establish the cause of the abuse or neglect, and the manner in which the abuse or neglect occurred.

The department shall inform the reporting person of the required contents of the written report at the time the oral report is made by the reporting person.

The written report required in this section shall be mailed or otherwise transmitted to the county family independence agency of the county in which the child suspected of being abused or neglected is found.

Failure to report suspected child abuse or neglect as required by the Act is a criminal misdemeanor "punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both", and could also subject the person who has failed to report to significant civil liability for money damages.

NOTE:
An on-line training program for mandated reporters created by the Child Abuse and Neglect Council of Oakland County, Michigan is now available at http://www.carehouse.org/mandated-reporter/index.aspx.