Michigan friend of the court (FOC) employees often encounter families in which there may be allegations of child abuse and neglect. But statistically speaking, how often does child abuse and neglect actually occur? The Michigan Department of Health and Human Services (MDHHS) has provided the following data:

• In 2014, there were 80,117 child abuse and neglect investigations with MDHHS.
• In 2014, 26 percent of investigations resulted in evidence of abuse or neglect.
• Of the 80,117 investigations in 2014, a total of 21,049 complaints were confirmed, representing 30,953 identified victims (38 percent of victims were under the age of four).
• In approximately 83.5 percent of all cases, the perpetrator is the parent (biological, adoptive, putative or stepparent).

MCL 722.623 requires any person employed in a “professional capacity” in any FOC office who has reasonable cause to suspect child abuse or neglect to report the abuse and neglect to Child Protective Services (CPS).

The following is important information for FOC staff to know about reporting child abuse and neglect:

• First, each FOC employee should check with his/her director to learn whether or not he/she is considered a mandated reporter. Even if a court has not designated a particular FOC employee as a mandated reporter, that employee might still be required to report suspected abuse or neglect. An individual who is required to report is subject to the failure-to-report sanctions contained in MCL 722.633.

• There is no statutory definition of what it means to find “reasonable cause to suspect child abuse or neglect.” Mandated reporters (other than those employed by CPS) are not required to determine whether child abuse or neglect has actually occurred. The State Court Administrative Office (SCAO) recommends that those individuals designated as mandated reporters report child abuse or neglect when their rational observations, professional training, experience, or any other factor causes them to suspect child abuse or neglect has occurred. Mandated reporters may also consult with MDHHS employees about child abuse and neglect issues before making a report. A mandated reporter does not satisfy the legal obligation to file a report with CPS simply by having a conversation with a MDDHS employee. A report must be filed to meet the statutory requirement (MCL 722.623).
• Mandated reporters must immediately make an oral report by telephone to 855-444-3911. CPS intake personnel will want the following information, if available:
• Name(s) and address of primary caretaker (parent and/or guardian).
• Names and identifying information for all household members, including the alleged perpetrator and victim.
• Birth date and race of all members of the household.
• Whether the alleged perpetrator lives with the child.
• Address where the alleged incident happened if different than the home
• Summary of the child’s disclosure and its context if the child disclosed the
• History of the child’s behavior (any background information the mandated reporter knows related to the report that is being filed).
• Reasons why child abuse or neglect is suspected.

• Within 72 hours after making the oral report, the mandated reporter must file a written report with CPS. Mandated reporters are encouraged to use the DHS-3200 Form found at http://www.michigan.gov/documents/dhs/DHS-3200_224934_7.pdf. The written report must include the following information:
• Name, birth date, social security number, sex, and race of the child, mother, and father.
• Child’s address.
• Name of the alleged perpetrator of abuse or neglect and relationship to child.
• Person(s) the child was living with when the abuse or neglect occurred.
• Address, city, and zip code where the abuse or neglect occurred.
• Injury or conditions and reason for suspicion of abuse or neglect.
• Source of the complaint.
• Reporting person’s name, organization, and address.

• The written report should be faxed to 616-977-8900, 616-977-1154 or 616-977-1158, mailed to Centralized Intake for Abuse and Neglect, 5321 28th St. Court, SE Grand Rapids, MI 49546, or emailed to MDHHS-CPS-CIGroup@michigan.gov within 72 hours of submission of the oral report.

• Mandated reporters can use the Mandated Reporter’s Hotline (1-877-277-2585) if they think MDHHS has not been adequately responsive to their concerns. These concerns will be investigated and a response will be provided.

• Individuals employed in a professional capacity by a FOC office are not required by MCL 722.623(1) to provide a copy of the mandated report to the FOC director. However, SCAO recommends that a copy of the report be maintained. MCL 552.520 requires that if the FOC office receives notice from CPS regarding a child abuse investigation, the office must notify CPS of procedural developments in the FOC case until a final order regarding the pending custody or parenting time dispute order is entered. MCL 552.520 does not define “procedural developments.” If the FOC office has received a notice from CPS, SCAO recommends that the FOC office forward to CPS any custody or parenting time notices sent in the FOC case, motions that are filed to establish or modify custody or parenting time, or any orders that are issued in the case.

• If the FOC receives notice (as required by MCL 722.628) from CPS regarding a child involved in an open FOC case, the FOC office should inform the court (the domestic relations referee and/or family division judge assigned to the court case) and the attorneys of record about the CPS notification.

• If the child’s placement is changed as a result of juvenile court disposition or CPS investigation, and there is a current child support order in place, the FOC may consider redirecting the child support to the new caregiver. (See SCAO Administrative Memorandum 2005-04.) A review by the FOC under MCL 552.517 could result in the court ordering both parents to pay child support and provide health care coverage. (See SCAO Administrative Memorandum 2006-03.)

• SCAO recommends that FOC offices maintain a group file of all written mandated reports related to FOC cases and CPS investigation results. The file containing mandated reports and CPS investigation results is confidential, and only the FOC director or the director’s designee should have access to the file. Group files are generally defined as records the court is required to keep but which are not part of a case file.

• The mandated reports and CPS investigation notification are noncase records, which means they are not records filed in the FOC case file and, therefore, are not subject to inspection by anyone outside of the FOC office. Mandated reporters may request a copy of their mandated report or CPS investigation notification from the FOC director or designee. For more information about group files, please see SCAO’s Case File Management Standards and SCAO’s Record Retention Schedule, Item Number 16.010.

For information on definitions of child abuse and neglect, please see: http://www.michigan.gov/documents/dhs/Pub-112_179456_7.pdf.

For indicators of child abuse and neglect, please see: http://www.michigan.gov/dhs/0,1607,7-124-5452_7119_7193-15254--,00.html.