Forensic Interviews of Children in Michigan

A forensic interview is the structured interview of a child conducted during a child abuse investigation. Michigan law requires every county to adopt investigation and interview protocols modeled on the Governor's Task Force publications, and requires Children's Protective Services and police to follow them.^[1][2] If the interview is videorecorded under MCL 600.2163a, the questioning must be in accordance with the forensic interview protocol.^[3]

To report suspected abuse or neglect of a child, Michigan's line is 855-444-3911, any time, day or night.^[7] If a child is in immediate danger, call 911. Michigan's VOICES4 hotline offers an advocate by call or text at 1-855-864-2374.^[8]

This page explains the legal framework: where the duty comes from, what the state protocol says about its own purpose, and how the law treats a recording. It does not describe how to prepare a child for an interview. Families looking for guidance on that should read When a child discloses abuse: a guide for parents.

Where the legal duty comes from

The Child Protection Law puts the duty on two county-level actors. In each county, the prosecuting attorney and the department "must adopt and implement standard child abuse and child neglect investigation and interview protocols using as a model the protocols developed by the governor's task force on children's justice," or an updated version of those publications.^[1]

Three related duties follow.

• The department and law enforcement officials must conduct investigations in compliance with the adopted protocols.^[2]
• When the department becomes aware that a child is the victim of suspected sexual abuse or sexual exploitation, it must seek the assistance of and cooperate with law enforcement within 24 hours.^[9]
• If a case involves sexual abuse or sexual exploitation of a child, the department must refer it to the county prosecuting attorney, who must review the investigation to determine whether it complied with the protocol.^[10]

The protocols are adopted county by county, so the details of who conducts an interview and where can differ from one county to the next. How the department's own case proceeds is covered in CPS investigations of sexual abuse.

The state Forensic Interviewing Protocol

The model document is the State of Michigan Forensic Interviewing Protocol, published by the Governor's Task Force on Child Abuse and Neglect and the department. It is now in its Fifth Edition, whose preface says the edition marks the 25th anniversary of Michigan's forensic interviewing protocol.^[11]

The protocol describes its own approach in terms that matter legally.

• Testing alternative explanations. The protocol says forensic interviews test alternative hypotheses about the meaning of children's reports and the origin of abuse allegations, giving the example of exploring whether touching might have occurred in the context of routine caregiving.^[12]
• Not suggesting details. Interviewers "should avoid suggesting events and details that have not been mentioned by children or projecting adult interpretations onto situations."^[12]
• Open questions preferred. The protocol describes prompts as falling on a continuum from most open to most suggestive and says interviewers should favor questions higher in the hierarchy and avoid explicitly leading questions.^[13]
• Recording. The Task Force supports, as a best practice, the video recording of investigative forensic interviews of children at children's advocacy centers or in similar settings.^[14]
• Support persons. The presence of a social support person during forensic interviews is discouraged.^[15]

These are statements of the protocol's design. The statute, for its part, has the prosecuting attorney review a sexual-abuse investigation to determine whether it complied with the protocol the county adopted.^[10]

Children's advocacy centers

Each county's prosecuting attorney and the department must develop procedures for involving law enforcement officials and children's advocacy centers "as appropriate."^[1] For this purpose the Child Protection Law defines a children's advocacy center as an entity accredited as a child advocacy center by the National Children's Alliance or its successor, or one granted associate or developing membership status by that organization.^[16] Local programs in this region are listed in Where to get help.

The videorecorded statement statute

MCL 600.2163a regulates a "videorecorded statement" of a qualifying witness. A custodian of the videorecorded statement may take the statement before the normally scheduled date for the defendant's preliminary examination.^[17] The statute then sets conditions.

Subject	What the statute says
How the questioning is done	It must be in accordance with the forensic interview protocol implemented under the Child Protection Law, or as otherwise provided by law.[3]
What it covers	If appropriate for the witness's developmental level, it must include the time, date and location of the alleged offense, the relationship between witness and accused, the details, and the names of others who may have personal knowledge.[3]
What the recording shows	It must state the date and time, identify the persons present and whether each was present throughout, and show a running time clock.[18]
Who may receive it	A custodian may release it to a law enforcement agency, an agency authorized to prosecute the case, or an entity that is part of the county protocols.[17]
Public access	It is exempt from the Freedom of Information Act and is not subject to disclosure under the court rules governing discovery; a transcript may be produced or released.[19]

Which witnesses qualify is set by the statute's definitions: for a support person and the section's other considerations, an individual under 16 or one 16 or older with a developmental disability, and a vulnerable adult.^[20] The courtroom side of the same statute is covered in Child witnesses in court.

How the recording can be used in court

A common belief is that the video will be played for the jury so the child does not have to testify. The statute's list of permitted uses says otherwise. A videorecorded statement may be considered in court proceedings only for one or more of these purposes:^[4]

1. Admission as evidence at all pretrial proceedings, except that it cannot be introduced at the preliminary examination instead of the live testimony of the witness.^[4]
2. Admission for impeachment purposes.^[4]
3. Consideration by the court in determining the sentence.^[4]
4. Use as a factual basis for a no contest plea or to supplement a guilty plea.^[4]

What the child said in the interview can also raise a hearsay question. Michigan's tender-years rule admits a statement by a child under the age of ten only on listed conditions, and if the child made more than one corroborative statement about the incident, only the first is admissible under that rule.^[21][22] That rule is explained in A child's first statement: the tender-years rule, and the preliminary examination in The preliminary examination in a CSC case.

Who can see the recording

The defense. The defendant and, if represented, the defendant's attorney have the right to view and hear a videorecorded statement before the preliminary examination.^[5] On request the prosecuting attorney must provide reasonable access and means to view and hear it at a reasonable time before the pretrial or trial.^[17] In preparation for a court proceeding, the court may order that a copy be given to the defense under protective conditions, including a prohibition on copying, release, display or circulation.^[5]

The family. Except as the section provides, no individual, including the witness or the witness's parent, guardian, guardian ad litem or attorney, may release or consent to the release of the statement or a copy.^[19]

Everyone else. A person who intentionally releases a videorecorded statement in violation of the section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500, or both.^[6] A statement that becomes part of the court record is subject to a protective order for the purpose of protecting the privacy of the witness.^[19]

Questions about how an interview was done

How an interview was conducted is a subject both sides may address at trial. The Court of Appeals said in People v Butsinas (2025), as quoted in the state's Evidence Benchbook, that the process and protocol by which a complainant was interviewed will frequently be directly relevant to an issue in dispute.^[23]

The courts have also limited what witnesses may say about a child's account. An expert may not testify that the sexual abuse occurred, may not vouch for the veracity of a victim, and may not testify whether the defendant is guilty.^[24] Those rules are covered in Expert witnesses in child sexual abuse cases.

What people get wrong

The first mistake is the one above: treating the video as a substitute for the child's testimony. The statute limits its uses.^[4] The second is assuming a recording is legally required in every case; the statute is permissive, and recording is a recommended best practice in the protocol.^[17][14] The third is treating the recording as the family's property. A parent may not release it, and unauthorized release is a crime.^[19][6]

For the reporting duties that often start this process, see Mandated reporters in Michigan.