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Child Protection Law - Act 238 of 1975

AN ACT to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts.

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Mandated Reporting vs. Non-Mandated Reporting

Morally…EVERYONE!

Whether you are a Mandated Reporter or not, you should ALWAYS report any witness, suspicion, or disclosure of ALL forms of child abuse!

Legally (in the State of MI), people in the following professional roles are

required to report any suspected child abuse or neglect:

Medical and health care providers
Social workers and counselors
Child care providers
Clergy and faith leaders
Law enforcement
School administrators and teachers

CPS/LE’s

855-444-3911

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Mandated Reporting: How?

As soon as possible report to MDHHS

855-444-3911

Be prepared to give as much demographic information as possible
Provide detailed information including statements in quotations
Written report (DHS-3200) within 72 hours
Michigan Online Reporting System (MORS)

Michigan.gov/mandatedreporter

Notify the head of your organization

BUT THAT DOES NOT NEGATE YOUR RESPONSIBILITY TO MAKE THE REPORT FIRST!!!

If there are immediate safety concerns: ALSO CALL 911

E.g., Victim is with perpetrator, perpetrator has access to victim within next 24-48 hours, the perpetrator is not a caregiver (sibling, like-age student, neighbor)

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Summary:

Call Centralized Intake*

AND

Submit 3200 within 72 hours of phone call

Online report through your MORS Account (MIBridges.michigan.gov)

*Make Police report to jurisdiction where crime occured (before OR after called to CI

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Mandated Reporter Legalities

The Report should come from the most direct source!

Exceptions to that…

Failure to report is a misdemeanor and can result in 93 days jail time/$500 fine/Loss of licensure/Civil penalties
You cannot be held liable (criminal or civil) for making any good faith report
Your duty to report extends outside of your employment

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Mandated Reporting: DHS-3200 How?

Mail, fax, or email instructions on the back of form

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Mandated Reporting: What?

Abuse = Harm or threatened harm to a child’s health or welfare; through:

Physical Abuse
Mental Injury
Sexual Abuse
Sexual Exploitation
Maltreatment

…by a parent, guardian, or person responsible for the child’s health or welfare (teacher, clergy, babysitter, adult living in the home or with regular contact with the child).

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Physical Abuse

Physical abuse is a non-accidental injury
Physical abuse indicators may include:

Bruises

Bruises on an infant are suspicious for abuse

Broken bones
Burns
Injuries that are patterned, would not occur through normal play, and are symmetric on multiple places on the body
Injuries are inconsistent with the explanation provided

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Mental Injury

Mental injury is a pattern of physical or verbal acts or omissions that results in psychological or emotional injury/impairment to a child or places a child at significant risk of being psychologically or emotionally injured/impaired.

The parent or caretaker may:

Constantly criticize, punish, or demean the child
These behaviors are persistent and repetitive

*A finding must be made by a mental health professional for this maltreatment.

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Sexual Abuse/Exploitation

Intentional touching/contact that can be reasonably construed for the purpose of arousal, gratification or any other improper purpose by the perpetrator.

Between an adult and a minor, or two minors

Accosting, soliciting or enticing to commit, or attempt to commit an act of sexual contact or penetration, including sex trafficking and exposing a child to pornography.

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Recognizing Sexual Abuse/Exploitation

Physical evidence (genital bruising, presence of semen, etc.); this is RARE.
Pregnancy or contracting a venereal disease, especially in children 12 years old or younger (requires a referral to CPS).
Self-reports sexual abuse.
Inappropriate sexualized behavior, outside of normal exploration relevant to the child’s age and cognitive development.
Sudden change in behavior, isolated or secretive.
Running away.

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Things to Keep in Mind...

Perpetrators of child abuse are almost always someone the child knows, trusts, and loves. Most abuse occurs within the perpetrator's home, which is often the home of the child.

As many as 70% of children who are sexually abused are abused by another child

Delay in disclosure, denial, and recantation of abuse are common

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Maltreatment

Child maltreatment is the treatment of a child that involves cruelty or suffering that a reasonable person would recognize as excessive.

Medical child abuse.
Age-inappropriate chores.
Treating a child like an animal: eating pet food from an animal bowl.
Parent publicly announcing about a child who is bed-wetting (humiliation).
Inappropriate expectation based on the child’s capability.

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Neglect

Physical Neglect
Medical Neglect
Failure to Protect/Threatened Harm
Improper Supervision

Placing the 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 the person is able to do so and has, or should have, knowledge of the risk.

*Does not include the stand-alone inability of a parent to feed, clothe, or house a child because they lack resources or supports; Lice/Bedbugs; Truancy

**Use of Drugs/Alcohol by caregivers - Must jeopardize safety of child(ren)

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Automatic Law Enforcement Notification (LEN)

Sexual Abuse/Exploitation (adult or child alleged offender)

These investigations come BEFORE Title IX investigations

The CAC may be able to help with the victim interviews during your Title IX investigations.

Severe Physical injury
Child Death
Use/Manufacturing of Methamphetamine by caregivers/in the home

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Emotional Signs and Symptoms of Abuse

Emotional Symptoms* = Possible Report/Red Flags

Change in/attention seeking/risky behavior
Depression, anxiety, self-harm, suicidal thoughts or actions, anger, fear, reactivity Regression in development
Acting out sexually: knowledge of things beyond what is appropriate for their age
Increased/secretive online activity*
Running away
Maladaptive Behaviors
Bullying/being bullied

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Children with Risk Factors/Disproportionality

Children with disabilities have at least a 3X HIGHER risk for abuse and neglect
Parent/family history of abuse/domestic violence
LGBTQ+ youth
Single parent homes

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Policies?

Mandated Reporter

Procedure
Reporting is non-delegable
Who should be notified after report is made
Listed consequences for failure to report

Staff/Volunteer Code of Conduct

Stated who is a Mandated Reporter
Should include listed annual staff/volunteer training expectations

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What to Say if a Child Discloses to you

Stay calm, do not act angry, or shocked. Do not make promises you can’t keep.

“I believe you.”
“Thank you for telling me this, I’m sure that must have been difficult to talk about.”
“I’m not really sure what will happen from here, but I’m going to have talk to some other people about this to help keep you safe.”
“You can come to me and talk again later, if you want to.”

Questions, open ended only:

“Is there anything else I should know?”
“What happened next?”

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Things Not to Say/Do:

“This will never happen to you again.”
“Are you sure?” / “Is this the truth?”
“Do your parents know about this?” (I will sometimes ask, “have you ever told anyone else about this?”) / ”You should tell your parents about this.”
“Why didn’t you tell sooner?”
Yes/No Questions
Offering suggestions
Make the victim write a statement
Talk to the victim and the alleged offender at the same time (e.g. sexual assault on campus)