InterCare Community Health Network
Child Protection Reporting Policy
Manual:Patient Care, Treatment and Services
CHAPTER: pATIENT RIGHTS AND RESPONSIBILITIES / section: Patient RIGHTS
Origin Date: April 2001 / review date: 1/24/13

PURPOSE

Any InterCare Community Health Network staff, including those at InterCare’s School Based Clinic (SBC) will be expected to report to Children’s Protective Services Unit of the Michigan Dept. of Human Services any actual or suspected abuse, neglect, sexual abuse or sexual exploitation so an investigation may be commenced to ensure the protection of a child.

POLICY

It shall be the policy of InterCare Community Health Network to comply with the complete mandate of Act No. 238, Public Acts of 1975 as amended, Child Protection Law.

DEFINITIONS

“Child” means a person less than 18 years of age.

“Child Abuse” means harm or threatened harm to a child’s health or welfare by a person responsible for the child’s health or welfare which occurs through non-accidental physical or mental injury, sexual abuse, sexual exploitation or maltreatment.

“Child neglect” means harm to a child’s health or welfare by a person responsible for the child’s health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.

“Sexual abuse” means engaging in sexual contact or sexual penetration with a child by a person responsible for the child’s health or welfare.

“Sexual exploitation” includes allowing, permitting or encouraging a child to engage in prostitution by a person responsible for the child’s welfare, or allowing, permitting, encouraging, or engaging in the photographing, filming or depicting of a child engaged in a sexual act by a person responsible for the child’s health and welfare.

Mandated reporters or those that can cause a report to be filed are:

“A physician, coroner, dentist, medical examiner, nurse, a person licensed to provide emergency medical care, audiologist, psychologist, family therapist, certified social worker, social worker, social worker technician, school administrator, school counselor or teacher, law enforcement officer or duly regulated child care provider”. (Act 238, Sec. 3.(1))

“In addition to those persons required to report child abuse or neglect under section 3, 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”. (Act 238, Sec. 4)

PROCEDURE

All instances of reasonable cause to suspect child abuse or neglect, sexual abuse or sexual exploitation must be reported. The pregnancy of a child less than 12 years of age or the presence of a venereal disease in a child who is over one (1) month of age but less than 12 years of age shall constitute reasonable cause.

Immediately, as soon as there is suspected or reasonable cause to believe a child is in danger of harm because of suspected abuse, neglect, exploitation or endangerment, by telephone or otherwise, an oral report shall be made to the Michigan Department of Human Services (DHS). Effective March 5, 2012 all complaints will be received in one central location at the DHS Centralized Intake (CI) office. Staff will be available by calling one toll free number statewide. The following number is to be used regardless of which county the person resides:

855-444-3911

The physical location for CI is in Grand Rapids and CI will accept and process all reports of alleged abuse and neglect twenty-four (24) hours a day, seven (7) days a week, 365 days a year.

All written reports, using the DHS-3200 form, may be faxed to 616-977-1154 or 616-977-1158 or e-mailed to DHS-CPS-CIGroupmichigan.gov.

WHAT TO INCLUDE IN THE ORAL REPORT

  • Name, birth date, race and sex of child(ren) suspected of being abused or neglected.
  • Names and address of parents, guardians or the persons with whom the child resides.
  • Description of injury or conditions and reason for suspicion of abuse or neglect.
  • Any other information available to the reporting person which might establish the cause of the abuse or neglect and the manner in which it occurred.

THE WRITTEN REPORT

  • Within 72 hours the reporting person must follow-up the oral report by filling a written report using form DHS 3200.
  • The written report shall contain summaries of evaluations performed.
  • A copy of the DHS-3200 shall remain in the patient’s record.

PHOTOGRAPHS

  1. Photographs are very valuable in documenting injuries and may be ordered by the physicians and taken by an InterCare employee. (Public Act No. 238, Section 6 (2).)
  2. Photographs are considered to be a part of the medical record and are to be released only upon court date.
  3. Notations shall be made on the back of the photograph as follows:
  4. Name and birth date of child
  5. Date photograph taken
  6. Area photographed
  7. Signature of person taking photograph
  8. If present, Protective Service staff may take photographs consistent with Dept.of Human Services guidelines.

INTRA-AGENCY COMMUNICATION

The reporting person shall notify, as soon as administratively possible, the Center Manager, or the Medical Director if reporting from the School Based Clinic, of the finding, that the report has been made and shall make the medical record available to the Center Manager or Medical Director. The Center Manager or Medical Director shall notify InterCare’s Vice President of Operations of the report. Any follow-up information or communication shall be entered into the medical record.

CONFIDENTIALITY AND LIABILITY

“The identity of a reporting person shall be 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 or assists in any other requirement of this act shall be immune from civil or criminal liability which might otherwise be incurred thereby. A person making a report or assisting in any other requirement of this act shall be presumed to have acted in good faith. This immunity from civil or criminal liability extends only to acts done pursuant to this act and does not extend to a negligent act which causes personal injury or death or to the malpractice of a physician which results in personal injury or death.” (Act 238, Sec. 5)

PRIVILEGED COMMUNICATION

“Any legally recognized privileged communication except that between attorney and client is abrogated and shall neither constitute grounds for excusing a report otherwise required to be made nor for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this act.”

DEPARTMENT OF HUMAN SERVICES RESPONSIBILITY

Within 24 hours after receiving a report, the DHS shall commence an investigation of the child suspected of being abused or neglected. Upon completion of the investigation by the DHS, they may inform the person who made the report as to the disposition of the report.

CONSEQUENCE OF NOT REPORTING

“A person required to report an instance of suspected child abuse or neglect who fails to do so is civilly liable for the damages proximately caused by the failure.

A person required to report an instance of suspected child abuse or neglect who knowingly fails to do so is guilty of a misdemeanor.” (Act 238, Sec. 13 (1) and (2))

REFERENCE

1.Statements indicated by “ ” are from sections of Act. No. 238 Public Acts of 1975, as amended, Child Protection Law.

2.DHS 3200 attached.

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Chair of the Board Signature Date

References:
Revision Dates: 11/20/12

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