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Professionals Required to Report Suspected Child Abuse in Michigan PDF Print E-mail
Thursday, 07 February 2008

doctor_child.jpgThe Michigan Child Protection Law requires certain people to report their suspicions of child abuse or neglect to Child Protection Services at the Department of Human Services. These people are mandated reporters and have established relationships with children based on their profession. Mandated Reporters include:

Specific staff members of the Department of Human Services also have a legal mandate to report suspected child abuse or neglect. These staff members include:

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

When a mandated reporter suspects child abuse or neglect, he or she is required to make an immediate verbal report to DHS Child Protective Services and follow with a written report within 72 hours. Telling a supervisor, manager, or another employee does not fulfill the legal reporting requirement. If the mandated reporter in Michigan fails to report suspected child abuse they can be subject to civil liablity or criminal prosecution.

The Child Protection Law protects the identity of the person who makes the complaint unless the individual waives that right or the court orders the name to be released. Likewise, a person making a good faith report is protected from civil and criminal prosecution and cannot be penalized for making the report or cooperating with a CPS investigation.

The verbal report can be completed by calling toll free (800) 942-4357 or calling the local county DHS office's child protective services unit.

The individual who had contact with the child must complete the call and provide as much detail as possible about the following information:

  • The child's primary caretaker, including name and address.
  • Names and birth dates for all household members.
  • Birth dates and race of all members of the household.
  • Whether the alleged perpetrator lives with the child.
  • Address where the alleged abuse or neglect occurred.
  • What makes the person suspect the child is being abused or neglected.

The law also requires that a mandated reporter follow up with a written report by using DHS-3200 Form, Report of Actual or Suspected Child Abuse or Neglect.

If a mandated reporter is dissatisfied with the response by the CPS intake worker, he or she may contact the Mandated Reporter Hotline at (877) 277-2585.

 

Additionally, If a mandated reporter fails to report suspected child abuse they can be found civilly liable and be subject to criminal prosecution. Below is the Michigan Statute that applies:

722.633 Failure to report suspected child abuse or neglect; damages; violation as misdemeanor; unauthorized dissemination of information as misdemeanor; civil liability; maintaining report or record required to be expunged as misdemeanor; false report of child abuse or neglect.

 

Sec. 13.

(1) A person who is required by this act to report an instance of suspected child abuse or neglect and who fails to do so is civilly liable for the damages proximately caused by the failure.

(2) A person who is required by this act to report an instance of suspected child abuse or neglect and who knowingly fails to do so is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(3) Except as provided in section 7, a person who disseminates, or who permits or encourages the dissemination of, information contained in the central registry and in reports and records made as provided in this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and is civilly liable for the damages proximately caused by the dissemination.

(4) A person who willfully maintains a report or record required to be expunged under section 7 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(5) A person who intentionally makes a false report of child abuse or neglect under this act knowing that the report is false is guilty of a crime as follows:

(a) If the child abuse or neglect reported would not constitute a crime or would constitute a misdemeanor if the report were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(b) If the child abuse or neglect reported would constitute a felony if the report were true, the person is guilty of a felony punishable by the lesser of the following:

(i) The penalty for the child abuse or neglect falsely reported.

(ii) Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

 

 

 
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