ABSTRACT
This brief article attempts to define mandatory reporting, who is a mandatory reporter, and what acts or circumstances require mandatory reporting under Michigan law. Mandated reporters are required by law to report.
Dr. Gregory Lawton
Child Welfare, Abuse, Neglect, and Assault, the Michigan Child Protection Law Mandatory Reporting Under Michigan Law
Child Welfare, Abuse, Neglect, and Assault, the Michigan Child Protection Law If you serve in a professional capacity where you have contact with children, junior youth, or youth, and/or their families you may find yourself in a position where you become aware that a child, junior youth, or youth has been, or is being, abused, is suffering from neglect, or has been physically or sexually assaulted. Certain professions, such as those working in health care, mental health, psychological, or social work, teachers and school administrators, and clergy and religious organizations are mandated by Michigan state law to report instances and occurrences of child abuse, neglect, and assault. This state mandated reporting requirement is called “mandatory reporting�. Mandated reporters are required by law to report. This brief article attempts to define mandatory reporting, who is a mandatory reporter, and what acts or circumstances require mandatory reporting under Michigan law. My professional background in this area includes my work as a former vice president of a large medical psychology clinic, my partnership in private practice with Ginny Dusseau M.A., L.P.C. a state licensed professional counselor, my three state issued health care licenses in three separate health care professions in Michigan, Illinois, and Idaho, in my volunteer work with youth and junior youth since 1973, and my 40 year career as the owner of a state licensed vocational school. As a result of these positions and professional work, I have experienced the need for mandatory reporting on many levels and on many occasions. Before I discuss mandatory reporting from the viewpoint of child welfare, abuse, neglect and assault, I want to mention that there are other circumstances and situations that require immediate reporting to law enforcement agencies. This includes contact and communication with a patient or client who indicates any of the following: 1. 2. 3. 4.
Direct threat to harm an individual Direct threats against a school or religious organization Direct threats against a public building or gathering place Threat of suicide with a plan to carry it out
Much of this is commonsense and if a threat or circumstance rises to the level of a threat to an individuals’ safety or public safety, then the threat should be reported to law enforcement. Not doing this opens the professional or an organization to civil or criminal legal action. A licensed individual, such as a physician, psychologist, or counselor, or a member of any profession regulated or certified by the state, can lose their license or certification, be fined, or suffer other legal consequences if they do not comply with the state law. In Michigan there are multiple laws that cover reporting or mandatory reporting and these laws are found in the Michigan legal code in several different areas including laws pertaining to criminal sexual conduct, child protection, human trafficking, terrorism, threats against a school, civil rights, and public safety. 1|Page
Regarding human trafficking, there is a national human trafficking hotline and the advice is, “If you hear something, say something.” I believe that the same advice is applicable to any circumstance or incident where you have a concern for a child, an individual, or for public safety. Who are the mandatory reporters? The list outlined on the Michigan.gov, Michigan Department of Health and Human Services website includes; “A physician, dentist, physician's assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, social worker, licensed master's social worker, licensed bachelor's social worker, registered social service technician, social service technician, a person employed in a professional capacity in any office of the friend of the court, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, or regulated child care provider. This is not a complete list, for example several health care professions are missing from the list including chiropractors, physical therapists and massage therapists. Religious organizations in Michigan are mandatory reporters. The language in the Michigan Child Protection Law requires that clergy reports instances of child abuse, neglect, or assault. The law defines “clergy” as “(n) "Member of the clergy" means a priest, minister, rabbi, Christian science practitioner, or other religious practitioner, or similar functionary of a church, temple, or recognized religious body, denomination, or organization." If you are a mandatory reporter under the Michigan Child Protection Law you must “immediately” report any instances of child abuse, neglect, or assault. In addition to instances of child abuse, neglect, and assault there are certain other legally defined circumstances that must be reported immediately such as child pregnancy or a child’s exposure to methamphetamine. In consultation with my school’s legal counsel, immediately means immediately. For example, depending upon the level of threat or immediacy of the circumstances, a formal complaint and report must be submitted within a few minutes or an hour of the event, not days, weeks, or months after you obtained knowledge of the abuse, neglect, or assault. What constitutes sexual assault on a minor? For most states ALL sexual touching between an adult and a child is sexual abuse. Sexual touching between children can also be sexual abuse when there is a significant age difference (often defined as 3 or more years) between the children or if the children are very different developmentally or size-wise. Sexual abuse does not have to involve penetration, force, pain, or even touching. If an adult engages in any sexual behavior (looking, showing, or touching) with a child to meet the adult’s interest or sexual needs, it is sexual abuse. To repeat this important point. All sexual touching between an adult and a child is sexual abuse and must be immediately reported to the appropriate legal authority. 2|Page
In consultation with our school legal counsel, and in answer to the question, “When does touching become sexual?”, the answer provided by our attorney, a former Michigan assistant attorney general, was, “When it is perceived by and reported by the victim, or an observer, to have been inappropriate contact.” In other words, sexual contact may depend upon the perception of the recipient or someone else who witnessed the contact. I am not an attorney and none of this communication should be construed as legal advice. If any of this information raises questions as to your legal responsibility as a mandatory reporter, I suggest that these questions are directed to your attorney or to the Michigan Department of Health and Human Services, Children’s’ Protective Services Division. I am also the author of, “Gender Discrimination, Civil Rights, and Sexual Harassment in Spas, Salons, and Facilities Providing Massage Therapy Services”. If you would like copy of this article please contact me through the Blue Heron Academy of Healing Arts and Sciences, 616-2859999 or at doc@gtlawton.com. Dr. Gregory T. Lawton September 26th, 2019
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