Michigan Child Abuse Laws

Child abuse in Michigan is defined under several degrees, each reflecting the severity of harm inflicted or risk posed to the child. Each degree carries specific legal penalties, escalating in severity from misdemeanors to potential life sentences for first-degree abuse.

Physical, emotional, or sexual abuse of a child is a serious crime in Michigan carrying criminal charges and severe penalties.

Understanding the statutes governing child abuse and neglect can be overwhelming. Contact a Michigan criminal defense attorney to learn more about what these laws mean and how they may apply to your situation.

This article overviews child abuse and neglect laws in Michigan, including definitions, mandatory reporting, and penalties. Use the links in the chart to see the full statutes related to these laws.

Child Abuse and Child Neglect in Michigan

Both child abuse and child neglect are illegal in Michigan. Child neglect means negligent treatment of a child, including the failure to provide adequate food, clothing, shelter, or medical care.

Who is a Mandated Reporter in Michigan?

Most states have "mandatory reporter" laws, which require certain professionals (like doctors and teachers) with regular access to children to report signs of abuse to the proper authorities. Michigan child abuse law also lists the following professions as mandatory reporters:

  • Dentists
  • Social workers and other social services workers
  • Childcare providers
  • Mental health professionals
  • Law enforcement officers
  • Clergy members

See the statute for a full list of mandated reporters.

How To Report Abuse or Neglect in Michigan

Mandated reporters with reasonable cause to suspect child neglect or abuse must make a report immediately.

Report suspected abuse to 855-444-3911 or using Michigan’s online reporting system. If you report using the telephone hotline, you must also complete a written report using Form DHS-3200 within 72 hours of your oral report. If you use the online reporting system, filing Form DHS-3200 is not necessary.

Responsible Agency for Investigating Child Abuse Claims in the State of Michigan

The Children's Protective Services (CPS) is responsible for investigating allegations of child abuse and neglect. CPS also manages the state’s Central Registry, which contains names of perpetrators related to confirmed cases involving:

  • Methamphetamine production
  • Serious abuse or neglect
  • Sexual abuse
  • Sexual exploitation
  • Select criminal convictions involving children

Michigan Child Abuse Laws at a Glance

The following chart summarizes Michigan child abuse laws and who the law designates as mandatory reporters. Follow the links for the full statutes.

See Child Abuse Overview for general information about this crime.

Statute Michigan Compiled Laws (MCL) Section 750.136b
Related Statute(s) Michigan Compiled Laws (MCL) Section 722.61, et seq. Child Protection Law
What Constitutes Child Abuse?

First degree child abuse:

Knowingly or intentionally causing serious physical or mental harm.

Second degree child abuse:

  • Neglecting a child or acting in a reckless manner that results in serious physical or mental harm;
  • Knowingly or intentionally committing an act that's likely to cause serious physical or mental harm, regardless of whether harm actually results.
  • Knowingly or intentionally committing an act that's cruel, regardless of whether harm actually results.

Third degree child abuse:

  • Knowingly or intentionally causing physical harm; or
  • Knowingly or intentionally acting in a manner that poses an unreasonable risk of harm, which results in physical harm.

Fourth degree child abuse:

  • Neglecting a child or acting in a reckless manner that causes physical harm; or
  • Knowingly or intentionally committing an act that poses an unreasonable risk of harm, regardless of whether physical harm results.
Definitions of Child Abuse and Neglect

MCL Section 750.136b
MCL Section 722.622
MCL Section 722.628

“Child abuse” means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment by a:

  • Parent, legal guardian, or any other person responsible for the child's health or welfare; or
  • Teacher, teacher's aide, member of the clergy, or any adult involved with a youth program.

“Serious abuse or neglect” means a confirmed case of mental or physical injury or neglect to a child that involves any of the following:

  • Battering, torture, or other serious physical harm
  • Loss or serious impairment of an organ or limb
  • Life-threatening injury
  • Murder or attempted murder
  • Serious mental harm
Charges and Penalties

First degree child abuse is a felony punishable by a prison term up to and including life.

Second degree child abuse is a felony punishable by not more than 10 years in prison for the first offense, and not more than 20 years in prison for subsequent offenses.

Third degree child abuse is felony punishable by not more than two years in prison.

Fourth degree child abuse is a misdemeanor punishable by not more than one year in prison.

Mandatory Reporting Required By Listed in Section 722.623
Penalties for Failure to Report or False Reporting

Failure to Report by Mandatory Reporter:

  • Civilly liable for proximately caused damages.
  • Guilty of misdemeanor punishable by 93 days in jail and/or fine of not more than $100.

Intentionally Making a False Report:

  • If abuse would constitute misdemeanor or wouldn't constitute a crime if the report were true: it's a misdemeanor punishable by not more than 93 days in jail and/or a fine of not more than $100.
  • If abuse would constitute felony if the report were true: it's a felony punishable by either the penalty of the child abuse or not more than 4 years in prison and/or a fine of not more than $2,000 (whichever is the lesser penalty).

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Michigan Child Abuse Laws: Related Resources

Use the links below to learn more about child abuse and neglect in Michigan:

Child Abuse Charge in Michigan? Get Legal Help

Child abuse is a serious crime carrying severe penalties, including jail time. You can also face other legal consequences, including losing your parental rights. If you've been charged with child abuse under Michigan's laws, it's in your best interests to speak to a local criminal defense attorney. An experienced attorney can help you understand your legal rights and options.

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