Nurses Guide for Reporting Suspected Child Abuse and Neglect

YOU are a
mandated reporter.
The Michigan Child Protection Law requires that certain persons report any case
of suspected child abuse or child neglect to the Michigan Department of Human
Services (DHS). The definition of mandated reporter includes nurses.

Why this is your responsibility

Nurses play an important role in the lives of children. You are in a unique
position to observe and interact with children. You see changes in children
that may indicate abuse or neglect. Because of this special relationship,
you may learn information that suggests a child is being abused or
neglected.

Once you file a report, the child and family may become eligible to receive
a wide variety of services that will improve the familys ability to care
for the child. The family may be provided parenting classes, counseling,
treatment for substance abuse, medical services, anger management
education and other services designed to meet the familys specific needs.
The legal standard for reporting

T
he Michigan Child Protection Law requires you to file a report when you have
reasonable cause to suspect abuse or neglect. This is an extremely low legal standard.
This pamphlet describes some signs of abuse and neglect. However, you must keep
in mind that you are not required to determine whether abuse or neglect has actually
occurred. DHS is responsible for investigating reports of suspected abuse and neglect and for
determining how each case progresses. You must make a report whenever you suspect that
abuse or neglect may have occurred.

Your liability for failure You CANNOT be punished

to report for filing a report
If you fail to le a report of suspected abuse When you le a report in good faith, you cannot be
or neglect, you will be subject to both civil held liable to any person for any damages they may
and criminal liability. In a civil action you suffer. You are immune from any criminal and civil
may be held liable for damages that any liability that could otherwise result. When you file a
person suffers due to your failure to le a report, you are PRESUMED to have acted in good
report. In a criminal action, you may be found faith. A person suggesting false reporting would have
guilty of a misdemeanor punishable by the burden of proving that you made a report for some
imprisonment for up to 93 days and a fine reason unrelated to the well-being of the child who
of $500. was the subject of your report. This burden could not
be met if you led a report due to your concern for a
Notifying a hospital administrator DOES NOT childs well-being.
satisfy your legal obligation to le a report
with DHS. Further, you cannot be penalized for making a
report required by the Child Protection Law or for
There are NO excuses for failing cooperating in an investigation.
to report
Your identity must be
You may believe that ling a report will not kept confidential
lead to any benet to the child involved. You
may believe that ling a report may actually When you le a report with DHS, your identity may
place the child at an increased risk of abuse or not be shared with any person unless you agree to
neglect. You may that disclosure or a judge
feel uncertain that orders such disclosure. Your
abuse or neglect identity may be disclosed
has actually to a child protective agency,
occurred. Such a law enforcement agency
concerns of any that is investigating the al-
nature DO NOT leged abuse or neglect, or
discharge your the Childrens Ombudsman.
legal obligation to Any concern that a parent
le a report. Such may discover or learn your
concerns WILL identity DOES NOT dis-
NOT protect you charge your obligation to le
from liability for a report.
failing to report.
What constitutes child abuse or neglect?

T
he definitions of child abuse and neglect below may be a challenge to apply to a
particular circumstance. Most importantly, keep in mind that you are not required to
determine whether these legal standards are met. If you suspect that circumstances in
your situation may constitute abuse or neglect, then you MUST file a report with DHS.

The following list of common indicators of abuse and neglect IS NOT exhaustive. Use common
sense, and always err on the side of caution by filing a report when in doubt.

Physical abuse. Harm or threatened harm Sexual abuse and sexual exploitation.
to a child through non-accidental injury by a Engaging in sexual contact or sexual penetration
person responsible for the childs health or welfare. with a child (as dened in the criminal code)
Examples of physical abuse include beating, constitutes sexual abuse. Sexual exploitation is
kicking, punching, and burning. dened as allowing, permitting, or encouraging a
child to engage in prostitution or to be depicted in
Common indicators of physical abuse
a sexual act (as dened in the penal code).
Pattern bruises or scars
Symmetric immersion burns Common indicators of sexual abuse
Pattern contact burns and sexual exploitation
Bruises or burns on a non-ambulating infant Age-inappropriate knowledge of sexual
Multiple injuries in different stage of healing behavior
Bruises on earlobes Sexually explicit drawings and behavior
Subdural hemorrhage Unexplained fear of a person or place
Liver or kidney laceration Unexplained itching, pain, bruising or
Pancreatic injury bleeding in the genital area
Scapular fractures Age-inappropriate seductive behavior
Posterior rib fractures Pregnancy
Fractures of different ages Venereal disease, frequent urinary or yeast
Bite marks infections
Any injury not consistent with history Laceration of the hymen, missing segment of
provided by the adult or child hymenal tissue
Perianal lacerations extending deep to the
Neglect. Harm or threatened harm to a childs external sphincter
health or welfare that occurs through either failure Laceration or bruising of labia, penis, scrotum,
to provide adequate food, clothing, shelter, or medi- perinal tissues or perineum
cal care or placing a child at unreasonable risk to
the childs health or welfare by failure to intervene Maltreatment.
to eliminate that risk when the person is able to do Treatment of a child
so and has or should have knowledge of the risk. that involves cruelty
or suffering that a
Common indicators of neglect
reasonable person would
Persistent hunger
recognize as excessive.
Stealing or hoarding food
Examples include forcing
Abrupt, dramatic weight change
a child to eat dog food as
Persistent poor hygiene
punishment, locking a child
Recurring untreated medical issues
in a closet, or teaching a
Ongoing lack of supervision
child to assist in criminal
Consistently inappropriate dress
activities.
Excessive school absences
 How to make a report

U
pon suspecting child abuse/neglect, you must both report to DHS and to
the person in charge of the facility in which you work. DHS may be prohib-
ited from discussing the details of any investigation stemming from your
report. You should receive a very general letter, stating whether or not the case was assigned for
investigation or the results of an investigation. You should have at least one contact with the assigned
Childrens Protective Services worker. Do not assume a lack of follow-up with you indicates nothing
was accomplished. Although DHS may be unable to share with you details about an ongoing investi-
gation, you should continue to report any new concerns that might arise after your initial report.

Step 1: Oral report Step 2: Follow-up written report

You must immediately make, by telephone or Within 72 hours after making the oral report,
face-to-face, an oral report of the suspected child the reporting person shall file a written report
abuse and neglect to DHS, followed by a written with the DHS ofce in the county where the child
report. (DHS contact information and written is found or resides. The report must be mailed
requirements are provided in this pamphlet). or otherwise transmitted to this DHS ofce. The
You should be prepared to provide, if known, local county DHS ofce can be found through the
the following information when making a verbal statewide DHS hotline or DHS Web site, both listed
Childrens Protective Services report: in this pamphlet. The 72-hour period includes
weekends and holidays.
Childs current address as well as past
addresses if known and the address where the For the written report, DHS
alleged incident happened if different. encourages reporters to use
If the alleged perpetrator lives with the child. its Form DHS-3200, which
Alleged victims full name, birth date, and race. includes all the information
Alleged perpetrators full name. If known, required under the law.
provide the relationship of the perpetrator to You should complete form
the child. items 1-21. One report from
Statements of the childs disclosure and an agency will be consid-
context of the disclosure. For example, was ered adequate to meet the
the child asked about the injury, or did they laws reporting require-
volunteer the information? ment. Keep a copy for your
History of the childs behavior and patterns own records. Do not place
of attendance may be helpful to the a copy in the patients re-
investigation. cord.
Why you think the child is being abused,
neglected, and/or maltreated.
Step 3: Reporting obligations to person
Be sure to document the log number for your in charge of facility
records (provided by the Protective Services You must notify the person in charge of your facility
intake worker). of the suspected abuse/neglect that the report has
been made with DHS. You must provide the person
You SHOULD NOT attempt to investigate the in charge with a copy of the written report.
matter yourself. Investigation and appropriate
action are the responsibility of Childrens Note: Reporting the suspected allegations of
Protective Services, a division of the Michigan child abuse/neglect to the person in charge
Department of Human Services, the state agency of your agency does not fulll your mandated
responsible for child welfare. requirement to report directly to DHS.
Reference and contact numbers
The Department of Human Services (DHS) toll-free number is 1-855-444-3911.
DHS-3200 Form can be accessed at: www.michigan.gov/dhs
or www.michigan.gov/documents/FIA3200_11924_7.pdf

If a mandated reporter is dissatised with the DHS response,

he or she may call the Mandated Reporter Hotline at 1-877-277-2585.

Childhelp USA, National Child Abuse Hotline National hotlines and helplines
1-800-4-A-Child (1-800-412-4453)
Childhelp hotline is staffed 24 hours a day, seven days a National Domestic Violence/Abuse
week, by professional crisis counselors who have access Hotline
to a database of emergency, social service, and support 1-800-799-SAFE
resources. 1-800-787-3224 TDD

Michigan Office of Childrens Ombudsman is National Runaway Switchboard

charged with the oversight of Childrens Protective 1-800-RUNAWAY
Services, adoption and foster care services. 1-800-786-2929
1-800-642-4326
National Suicide Hotline
Child Pornography Tipline 1-800-SUICIDE
1-800-843-5678 1-800-784-2433

Common Ground Crisis Line No Abuse Helpline

1-800-231-1127 1-800-996-6228
248-456-0909
Rape, Abuse, and Incest National
Listening Ear Crisis Hotline Network (RAINN)
517-337-1717 1-800-656-HOPE

Michigan Assault Hotline RAPLine (Michigan Runaway

1-800-NO-MEANS-NO Assistance Program)
1-800-292-4517
Michigan Parent Help Line
1-800-942-4357 School Violence Hotline
1-800-815-TIPS
 This pamphlet was inspired by the dedication and donation of Judith Mynsberge, a classroom teacher
for 32 years, and by Marcie Schalon, an MSU alumnus whose care for children
is further informed by her background in child welfare.

This pamphlet was prepared by the Michigan This project was supported by Grant No. 2007-SK-
State University Chance at Childhood Program BX-0001 awarded by the Office of Juvenile Justice
with assistance from the Michigan Department of and Delinquency Prevention, Office of Justice
Human Services and the MSU College of Nursing. Programs, US Department of Justice. Points of view
or opinions in this document are those of the author
and do not necessarily represent the official position
or policies of the US Department of Justice.

For more information, contact: The Chance at Childhood Program is sponsored by:

MSU Chance at Childhood Program

610 Abbot Road
East Lansing, MI 48823

Ph. 517.336.8088 Fax 517.336.8089

http://chanceatchildhood.msu.edu