Mandated Reporter Training Tpr Kathleen Wicker Michigan State Police, Cadillac Post wickerk@michigan.gov

Objectives Understand mandated reporting Know the Child Protection Law Recognize child abuse and neglect Know the MDHHS reporting process

State Law Mandated reporting is contained in the state laws of Michigan. The Michigan Child Protection Law, 1975 PA 238, requires the reporting of child abuse and neglect by certain persons (mandated reporters), and encourages the reporting of child abuse and neglect by all persons.

Child Abuse Defined Harm or threatened harm to a child’s health or welfare that occurs: By non-accidental physical or mental injury, sexual abuse, sexual exploitation or maltreatment To a child under 18 By a parent, legal guardian, or any other person who is responsible for the child’s health or welfare.

Child Neglect Defined Harm or threatened harm to a child’s health or welfare that occurs through: Negligent treatment, including failure to provide adequate food, clothing, shelter or medical care Placing the child at an unreasonable risk by the parent, legal guardian or other person responsible for the child’s health or welfare

Mandated Reporters Physician Dentist Physician's assistant Registered dental hygienist Medical examiner Nurse Licensed emergency medical care provider 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 School administrator School counselor Teacher Law enforcement officer Member of the clergy Regulated child care provider Certain DHS employees

Will a child disclose to you? Quite possibly. Many professions included as mandated reporters in the Michigan Child Protection Law have established relationships with children.

What to do if a child discloses A/N Avoid displaying shock or disapproval at what you hear. If you ask a question, ask an open ended question. How did you get that bruise? Ask only enough to determine whether a report needs to be made to MDHHS.

When should you report? Immediately report to MDHHS when you have reasonable suspicion. You do not have to have evidence, nor should you investigate. Immediately provide a verbal report to MDHHS by calling centralized intake: 855-444-3911 Include all demographic information Within 72 hours provide a written report to MDHHS via the DHS-3200 Depending on your employer’s internal protocol, you may need to provide them with a written report as well ---Report on-line at www.Michigan.gov/mandatedreporter

CHILD PROTECTION LAW (EXCERPT) Act 238 of 1975 722 CHILD PROTECTION LAW (EXCERPT) Act 238 of 1975 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.

CHILD PROTECTION LAW (EXCERPT) Act 238 of 1975 (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.

Are mandated reporters protected? YES! If you make a good faith report of suspected child abuse or neglect, you will be immune from liability. Your identity is also protected. Your identity can not be disclosed unless There is a judicial order You consent to the disclosure Or as provided in the CPL (law enforcement investigation, other agencies providing placement or services, courts)

Child Abuse / Neglect Definitions Physical Abuse non-accidental injury. It includes, but is not limited to, burning, beating, kicking, and punching. Sexual Abuse Any intentional touching / contact that can reasonably construed as being for the purpose of sexual arousal, gratification, or any improper purpose Sexual penetration Accosting, soliciting, or enticing a child to commit, or attempt to commit, an act of sexual contact or penetration, including prostitution.

Child Abuse / Neglect Definitions continued Maltreatment Treatment of a child that involved cruelty or suffering that a reasonable person would recognize as excessive. Examples: Locking a child in a closet for punishment Forcing a child to eat dogfood out of a dog bowl during dinner as a method of punishment and/or humiliation

Child Abuse / Neglect Definitions continued Mental injury A pattern of physical or verbal acts or omissions on the part of the parent and/or person responsible for the health and welfare of the child that either results in or places the child in a significant risk of psychological or emotional injury/impairment Examples Depression, anxiety, lack of attachment, psychosis, fear of abandonment or safety, fear that life or safety is threatened

Child Abuse / Neglect Definitions continued Physical Neglect – negligent treatment Failure to provide or attempt to provide the child with food, clothing or shelter necessary to sustain the life or health of the child Failure to protect Knowingly allowing another person to abuse/neglect the child Improper supervision Placing the child in , or failing to remove the child from a situation that a reasonable person would realize requires judgement beyond they child’s level of maturity, physical condition, or mental abilities and results in harm or threatened harm to the child.

Child Abuse / Neglect Definitions continued Neglect continued Abandonment The person responsible for the child’s health and welfare leaves a child with an agency, person or other entity without: Obtaining an agreement with that entity to assume responsibility Cooperating with the department to provide for the care and custody of the child. Medical Neglect Failure to seek, obtain or follow through with medical care for the child, with the failure resulting in or presenting risk of death, disfigurement or bodily harm or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child.

Potential Indicators of Child Abuse and/or Neglect Determining when to report suspected child abuse or neglect may be difficult. A bruise on a toddler's forehead may be the result of learning to walk or the result of abuse. Below are some of the commonly accepted physical and behavioral indicators of abuse and/or neglect. Please note that the physical and behavioral indicators listed are not the only indicators of child abuse and neglect and if present, do not always mean a child is being abused or neglected.

Physical Abuse - Physical Indicators Unexplained bruises (in various stages of healing), welts, loop marks. Adult/human bite marks. Bald spots or missing clumps of hair. Unexplained burns/scalds. Unexplained fractures, skin lacerations/punctures or abrasions. Swollen lips/chipped teeth

Physical Abuse - Physical Indicators Linear/parallel marks on cheeks and temple area. Crescent-shaped bruising. Puncture wounds. Bruising behind the ears

Physical Neglect - Physical Indicators Unattended medical needs. Lack of supervision. Regular signs of hunger, inappropriate dress, poor hygiene. Distended stomach, emaciated. Significant weight change.

Physical Neglect - Behavioral Indicators Regularly displays fatigue or listlessness, falls asleep in class. Steals/hoards food, begs from classmates. Reports that no caretaker is at home. Frequently absent or tardy. School dropout (adolescents).

Physical Abuse - Behavioral Indicators Self-destructive/self-mutilation. Withdrawn and/or aggressive-behavior extremes. Uncomfortable/skittish with physical contact. Arrives at school late or stays late as if afraid to be at home. Chronic runaway (adolescents).

Physical Abuse - Behavioral Indicators Complains of soreness or moves uncomfortably. Wears clothing inappropriate to weather, to cover body. Lack of impulse control (e.g. inappropriate outbursts).

Sexual Abuse - Physical indicators Pain or itching in genital area. Bruises or bleeding in genital area. Venereal disease. Frequent urinary or yeast infections. Extreme or sudden weight change. Pregnancy under 12 years of age.

Sexual Abuse - Behavioral Indicators Withdrawal, chronic depression. Sexual behaviors or references that are unusual for the child's age. Seductive or promiscuous behavior. Poor self-esteem, self-devaluation, lack of confidence. Suicide attempts (especially adolescents).

Sexual Abuse - Behavioral Indicators Hysteria, lack of emotional control. Habit Disorders (sucking, rocking).

Resources Child Protection Law- Act 238 of 1975 Mandated Reporters Resource Guide-DHS Pub 112 MDHHS Website