Mandated Reporters of Child Abuse in Michigan

Michigan's Child Protection Law requires a defined list of professionals who have reasonable cause to suspect child abuse or child neglect to report it immediately to the state's centralized intake, and to follow a telephone report with a written report within 72 hours.^[1] Everyone else is permitted, though not required, to report.^[4]

To report suspected child abuse or neglect in Michigan, call 855-444-3911 any time, day or night, or report online.^[5] If a child is in immediate danger, call 911.

This page sets out the full statutory list, the timing and content of a report, where the report goes, what the law provides for a failure to report or a knowingly false report, and the confidentiality and immunity rules.

Who is required to report?

MCL 722.623(1) has three subdivisions. Together they are the complete list.^[1][6]

Subdivision (a): listed professionals

The statute names each of the following:^[1]

• physician
• dentist
• physician's assistant
• registered dental hygienist
• medical examiner
• nurse
• person licensed to provide emergency medical care
• audiologist
• psychologist
• physical therapist
• physical therapist assistant
• occupational therapist
• athletic trainer
• 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
• regulated child care provider

The act defines "member of the clergy" as a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization.^[7]

Subdivision (b): listed department employees

A Department of Health and Human Services employee who holds one of seven titles and has reasonable cause to suspect child abuse or child neglect must report in the same manner: eligibility specialist, family independence manager, family independence specialist, social services specialist, social work specialist, social work specialist manager, and welfare services specialist.^[6]

Subdivision (c): employees of federally restricted organizations

The third group is any employee of an organization or entity that, as a result of federal funding statutes, regulations or contracts, would be prohibited from reporting in the absence of a state mandate or court order. A person in this group reports in the same manner as the listed professionals.^[6]

Who is not on the list

The list goes by role, and it is not open-ended. "Coach" and "volunteer" do not appear in subdivision (a).^[1] A coach who is also a teacher, a school administrator or an athletic trainer is on the list in that capacity.^[1] The section's history line shows its most recent amendments were 2022 PA 47, effective June 21, 2022, and 2022 PA 66, effective November 1, 2022, with no amendment in 2018.^[8]

What triggers the duty?

The trigger is "reasonable cause to suspect child abuse or child neglect."^[1] A "child" is an individual under 18 years of age.^[7] For reporting purposes, "child abuse" means harm or threatened harm to a child's health or welfare through nonaccidental physical or mental injury, sexual abuse, sexual exploitation or maltreatment by a parent, a legal guardian, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 or older who is involved with a youth program.^[9]

One situation is reasonable cause by statute: the pregnancy of a child less than 12 years of age, or the presence of a sexually transmitted infection in a child who is over 1 month of age but less than 12 years of age.^[10]

The statutory trigger is reasonable cause to suspect, and the statute does not use the words "proof" or "confirm."^[1] Once a report is received, it is the department that must, within 24 hours, either refer it to the prosecuting attorney and local law enforcement or commence an investigation.^[11]

How fast, and how?

Step	What the law says
Immediate report	The reporter "shall make an immediate report to centralized intake by telephone, or, if available, through the online reporting system."[1]
Written report	Within 72 hours after making an oral report by telephone, the reporter must file a written report.[1]
Online report instead	If the immediate report was made through the online reporting system and includes the information required in a written report, it is considered the written report and no additional one is required.[1]
Where the written report goes	It must be mailed or otherwise transmitted to centralized intake.[12]

"Centralized intake" is the department's statewide centralized processing center for reports of suspected child abuse and child neglect.^[7] Its telephone number is 855-444-3911, answered any time, day or night.^[5]

The Department of Health and Human Services tells reporters that the written form is the DHS-3200, to be completed within 72 hours of calling; that reporting online eliminates the requirement to fill out that form; and that a person who has already called the hotline should not also report online.^[13]

What the report must contain

The written or online report must contain the name of the child and a description of the abuse or neglect.^[12] If possible, it is to include the names and addresses of the child's parents, the child's guardian and the persons with whom the child resides, and the child's age, along with other information available to the reporter that might establish the cause and manner of the abuse or neglect.^[12] The department must tell the reporter what the written report has to contain at the time the oral report is made.^[12]

To whom is the report made?

A required reporter reports to centralized intake, which is part of the Department of Health and Human Services.^[1][7] A report to a supervisor is a separate, additional step for people who work in institutions:

• A reporter on the staff of a hospital, agency or school must notify the person in charge of the finding and that the report has been made, and must make a copy of the written or electronic report available to that person.^[1]
• That notification "does not relieve the member of the staff of the hospital, agency, or school of the obligation of reporting to the department."^[1]
• One report from a hospital, agency or school is adequate to meet the reporting requirement.^[1]
• A staff member may not be dismissed or otherwise penalized for making a required report or for cooperating in an investigation.^[1]

For required reporters the statute names centralized intake.^[1] A person who is permitted but not required to report may go to the department or to a law enforcement agency.^[4]

What happens to a report?

Within 24 hours after receiving a report, the department must either refer it to the prosecuting attorney and the local law enforcement agency, where the report meets listed conditions, or begin an investigation.^[11] Where a child is the victim of suspected sexual abuse or sexual exploitation, the department must seek the assistance of and cooperate with law enforcement within 24 hours.^[14]

Some reports must go to the police. If an allegation, written report or subsequent investigation indicates a violation of MCL 750.136b (child abuse), MCL 750.145c (child sexually abusive material), MCL 750.462a to 750.462h, or MCL 750.520b to 750.520g (the criminal sexual conduct sections), or a violation of MCL 333.7401c involving methamphetamine, or indicates that the suspected abuse or neglect was committed by an individual who is not a person responsible for the child's health or welfare, the department must transmit a copy of the allegation or written report and the results of any investigation to a law enforcement agency in the county in which the incident occurred.^[15] The statute gives a member of the clergy, a teacher, a teacher's aide, and an individual 18 or older who is involved in a youth program as examples of that last category.^[15]

The State describes the division from the public's side: to be assigned for investigation at Children's Protective Services a report must involve an alleged victim under 18, an alleged perpetrator who is a parent, legal guardian or other person responsible for the child's health and welfare, and allegations that minimally meet the Child Protection Law's definitions; a report is assigned, rejected, or transferred to another agency for investigation, such as law enforcement.^[16] On receiving a written report, the department may also provide copies to the prosecuting attorney and the probate court of the counties in which the child lives and is found.^[12] The next stages are covered in CPS investigations of sexual abuse and How sex crime investigations work.

Penalties under MCL 722.633

The two provisions that apply to reporting are quoted here in full.^[2][17]

Failure to report

(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.^[2]

Two different standards appear in those two sentences. Civil liability under subsection (1) attaches to a required reporter who "fails" to report. The crime in subsection (2) requires that the person "knowingly" fails to report.^[2]

False report

(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.^[17]

This offense has two mental-state requirements: the person must make the false report intentionally, and must know the report is false.^[17] A report made in good faith that is later not confirmed is not what subsection (5) describes; good-faith reports are covered by the immunity provision below.^[17][3] How the law treats knowingly false accusations more generally is in False allegations of sexual misconduct.

The section's other two offenses

Except as provided in section 7 of the act, a person who disseminates, or permits or encourages the dissemination of, information contained in the central registry and in reports and records made under the act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both, and is civilly liable for damages proximately caused by the dissemination.^[18] A person who willfully maintains a report or record required to be expunged under section 7 is guilty of a misdemeanor with the same maximum.^[18]

Conduct	Classification	Maximum in the statute
Required reporter fails to report	Civil liability	Damages proximately caused by the failure[2]
Required reporter knowingly fails to report	Misdemeanor	93 days or a $500 fine, or both[2]
Intentionally false report, knowing it is false, where the reported conduct would be no crime or a misdemeanor	Misdemeanor	93 days or a $100 fine, or both[17]
Intentionally false report, knowing it is false, where the reported conduct would be a felony	Felony	The lesser of the penalty for the abuse falsely reported, or 4 years or a $2,000 fine, or both[17]
Unauthorized dissemination of registry or report information	Misdemeanor, plus civil liability	93 days or a $100 fine, or both[18]
Willfully maintaining a record required to be expunged	Misdemeanor	93 days or a $100 fine, or both[18]

The section's history line ends with an amendment by 2002 PA 14, effective February 19, 2002.^[2]

Confidentiality and immunity under MCL 722.625

The section is short, and each sentence does separate work. It reads:

Except for records available under section 7(1)(a), (b), and (n), the identity of a reporting person is confidential subject to disclosure only with the consent of that person or by judicial process. A person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement of this act is immune from civil or criminal liability that might otherwise be incurred by that action. A person making a report or assisting in any other requirement of this act is presumed to have acted in good faith. This immunity from civil or criminal liability extends only to acts done according to this act and does not extend to a negligent act that causes personal injury or death or to the malpractice of a physician that results in personal injury or death.^[3]

• Confidentiality. The reporter's identity is confidential. It can be disclosed with the reporter's consent or by judicial process, and the sentence begins with an exception for certain records available under section 7 of the act.^[3]
• Immunity. It covers a person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement of the act.^[3]
• Presumption. A person making a report is presumed to have acted in good faith.^[3]
• Limits. The immunity extends only to acts done according to the act. It does not reach a negligent act that causes personal injury or death, or physician malpractice that results in personal injury or death.^[3]

The immunity and the presumption are not limited to required reporters. The section speaks of "a person" who makes a report.^[3]

Privileged communications

A professional privilege is generally not a reason to withhold a report. Under the act, any legally recognized privileged communication, except that between attorney and client or that made to a member of the clergy in his or her professional character in a confession or similarly confidential communication, is abrogated and is not grounds for excusing a report otherwise required or for excluding evidence in a civil child protective proceeding resulting from a report.^[19] A member of the clergy who receives information about suspected abuse while acting in any other capacity listed in the reporting section is not relieved of the duty to report.^[20]

The statute that keeps communications with a sexual assault or domestic violence counselor out of evidence is written with the same exception: it applies "except as provided by section 11 of the child protection law."^[21]

Anyone may report

MCL 722.624 provides that, in addition to those required to report, "any person, including a child, who has reasonable cause to suspect child abuse or neglect may report the matter to the department or a law enforcement agency."^[4] The same line, 855-444-3911, takes those reports.^[5] Guidance for parents is in When a child discloses sexual abuse.

For schools, Michigan also runs OK2SAY, a student safety program through which anyone can confidentially report tips on criminal activities or potential harm directed at students, school employees or schools, 24 hours a day: call 855-565-2729 or text 652729.^[22] The reporting statute itself directs required reporters to centralized intake.^[1] School-side consequences are covered in K-12 school discipline for sexual misconduct and Teacher-student sexual conduct laws.

What people get wrong

• "Failing to report is a felony." A knowing failure by a required reporter is a misdemeanor with a maximum of 93 days or a $500 fine, or both, plus civil liability.^[2]
• "Coaches are mandated reporters." "Coach" is not in the statutory list; teachers, school counselors, school administrators, athletic trainers and members of the clergy are.^[1]
• "I told my principal, so I have reported." Notifying the person in charge does not relieve the staff member of the obligation to report to the department.^[1]
• "I have 72 hours to report." The 72 hours is for the written report after a telephone report. The report itself is to be immediate.^[1]
• "I need proof before I call." The statutory standard is "reasonable cause to suspect."^[1]
• "Only professionals can report." Any person, including a child, may report.^[4]
• "A report that is not confirmed is a false report." The false-report offense requires an intentionally false report made knowing it is false.^[17]