MANDATORY REPORTING OF SUSPECTED

CHILD ABUSE OR NEGLECT

House Bill 4108 as introduced

Sponsor:  Rep. Roger Hauck

Committee:  Families, Children, and Seniors

Complete to 4-9-19

SUMMARY:

House Bill 4108 would amend the Child Protection Law to add physical therapists and physical therapist assistants to the list of individuals required to report suspected child abuse or child neglect.

Currently under the act, certain school personnel and medical professionals who have reasonable cause to suspect child abuse or child neglect are required to make an immediate report.[1] The act includes a detailed method for reporting the abuse and notifying the Department of Health and Human Services (DHHS). 

The bill would add physical therapists and physical therapist assistants to the list of those who are required to report suspected child abuse or child neglect.

The bill would take effect 90 days after enactment.

MCL 722.623

FISCAL IMPACT:

House Bill 4108 would extend reporting requirements to physical therapists and physical therapist assistants. Due to the possibility of additional investigations, the bill’s provisions may increase costs to the DHHS Children’s Protective Services (CPS) program, which investigates allegations of abuse or neglect by a caretaker of a child under the age of 18. A caretaker is defined as any person responsible for the child’s health or welfare. Currently within the CPS program, DHHS has 1,605 investigators who each carry a caseload of         12 cases for each investigator. Ongoing CPS caseworkers each carry a caseload of 15 cases for each worker. The amount of any increase in costs to the department would depend upon the number of additional complaints to be investigated.    

If a neglect or abuse allegation is against a child’s caretaker, then DHHS has investigatory authority. If the allegation is against anyone else other than a caretaker, then law enforcement agencies would have the responsibility to investigate, which could, in some instances, increase costs to local governments.

In FY 2016-17, the CPS investigated 92,440 cases of child abuse or neglect. Of those investigations, 68.7%, or 63,485 cases, were reported by a mandatory reporter, and 31.3%, or 28,955 cases, were reported by non-mandatory reporters. After investigations were performed, approximately 28% of these cases, almost 26,000, were substantiated for evidence of abuse and/or neglect.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Viola Bay Wild

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.



[1] Individuals currently required to make such a report include law enforcement officers, members of the clergy, school counselors or teachers, school administrators, physicians, nurses, physician’s assistants, persons licensed to provide emergency medical care, dentists, registered dental hygienists, medical examiners, audiologists, psychologists, marriage and family therapists, licensed professional counselors, social workers, licensed master’s social workers, licensed bachelor’s social workers, social service technicians, registered social service technicians, persons employed in a professional capacity in any office of the Friend of the Court, and regulated child care providers.