Who is mandated to report?
Are all health clinicians mandated to report?
- Yes.
Who else is a mandated reporter?
- Licensed emergency medical care providers
- Licensed master social workers
- Physician assistants
- Registered dental hygienists
- Medical examiners
- Nurses
For more information, refer to the Michigan Department of Health and Human Services website.
When is the reporting duty triggered?
What is the standard?
- A report is required when a reporter has reasonable cause to suspect child abuse or neglect.
For more information, refer to Mandatory Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
What must be reported?
How does state law define child abuse and neglect for reporting purposes?
- Mandated reporters must report child abuse or neglect as defined by Michigan statute 722.622 and legal guidance interpreting the statute.
- "Child abuse" means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy.
- “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.
- "Child neglect" means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:
- Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care.
- 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.
- "Child abuse" means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy.
Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?
For the most current definitions of these terms, refer to the Michigan Compiled Laws at the Michigan Legislature website.
How to report:
What is the method of reporting?
- Centralized intake by telephone, or, if available, through the online reporting system.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
What is the timeline in which to report?
- A mandated reporter who has reasonable cause to suspect child abuse or child neglect shall make an immediate report.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
To whom are reports made?
- The term 'centralized intake' means the department's statewide centralized processing center for reports of suspected child abuse and child neglect. The 'online reporting system' is the electronic system established by the department for mandatory reporters to report suspected child abuse or child neglect. The written report required in this section shall be mailed or otherwise transmitted to centralized intake.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
State/County Hotline?
- Michigan Department of Health and Human Services
- 855-444-3911
Confidentiality:
What federal confidentiality laws apply to health information collected during a Title X visit?
- Title X regulations 42 CFR 59.11
- HIPAA 45 CFR 164.502
Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?
- Yes.