Michigan Court of Appeals Defines the Scope of Mandatory Child Abuse Reporting

[Kronzek Cronkright]

Whenever a person suspects that a child is being abused or neglected, it is expected that they will report the incident to the proper authorities. While most people would assume that telling law enforcement officials, child abuse attorneys in Michigan warn that there are additional people that a person is required to tell by law, including Children’s Protective Services (CPS). As seen by a recent decision from the Michigan Court of Appeals, failure to do so can result in criminal charges against the individual reporting the incident, for not complying with the state law.

In this case, a minor was sexually molested in the back of an ambulance by an emergency medical technician while being transported to the hospital. The ambulance driver who witnessed the Michigan child abuse reported the incident to his immediate supervisor, and his partner was eventually convicted of that crime. Even though the ambulance driver took proactive steps to report the sexual abuse of the child, he never reported his suspicion directly to CPS as required of “mandated reporters” under Michigan’s Child Protection Law.

According to the law, based on the person’s relationship with the child, the witness of sexual abuse is required to report the incident to CPS.  The act is designed to protect children when people that would normally report are the people actually suspected of being the abusers and therefore are not likely to report the child abuse. The Child Protection Law requires the reporting of abuse by partners or associates of a parent, legal guardian, clergy man, teacher’s aide, or any other person responsible for the child’s welfare or health.

As the law is ever-changing, it is important that people stay updated with the decisions handed down by state and federal courts. Knowing what is required by law is key to avoiding serious criminal charges that can have significant consequences on your life, including probation, fines, or jail time. To help guide you through the complex legal process and provide for your defense, contact knowledgeable and experienced child abuse lawyers in  Michigan for help. Doing so will ensure the best legal advice and legal representation necessary to protect your personal rights and freedoms.