Michigan’s child protection law requires certain individuals in positions of authority, called mandated reporters, to immediately report any reasonable suspicion that a child is being abused or neglected. This list includes teachers, doctors, therapists, police officers, certain members of the clergy, day care providers and others who regularly interact with children on a regular basis. These mandatory reporters are required to report to Centralized Intake, Child Protective Services (CPS) at the Department of Health and Human Services if they have “reasonable cause to suspect” that a child has been abused or neglected.
The law states that a mandatory reporter must also immediately report any reasonable suspicion of child abuse/neglect to a local department of social services office. They must report by phone and then submit a written report on a 3200 form within 72 hours. Parents are not considered to be mandatory reporters, but they still have a legal duty to report any reasonable suspicion of abuse or neglect in their own homes.
Once the initial report is made, a CPS worker will begin investigating the case. They will ask the person who reported it to provide more information about the situation, including a detailed account of what happened. They will also ask the family to participate in services to ensure the safety of the child.
If the investigation concludes that there is a preponderance of evidence that the child was harmed, CPS will file a protective petition in the court and the name of the family will be added to the state centralized database of alleged perpetrators. A protective petition is a serious accusation and may lead to a criminal investigation.
A protective order is a more serious action than a petition, and it can have severe consequences for the family. A protective order can limit a child’s contact with the parents, prohibit them from traveling with the child or having anyone else watch him or her and require that they attend counseling.
Parents who are facing an investigation by CPS should consult a child abuse attorney as soon as possible. They are well-versed in the complexities of Michigan’s child protection laws and can defend families against allegations of child abuse/neglect.
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