CHILD PROTECTION LAW
Act 238 of 1975
722.625 Identity of reporting person; confidentiality; disclosure; immunity; good faith presumed.
Sec. 5.
Except for records available under section 7(1)(a), (b), and (n), the identity of a reporting person is 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, cooperates in an investigation, or assists in any other requirement of this act is immune from civil or criminal liability that might otherwise be incurred by that action. A person making a report or assisting in any other requirement of this act is presumed to have acted in good faith. This immunity from civil or criminal liability extends only to acts done according to this act and does not extend to a negligent act that causes personal injury or death or to the malpractice of a physician that results in personal injury or death.
History: 1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 1988, Act 372, Eff. Mar. 30, 1989 ;-- Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994 ;-- Am. 1998, Act 428, Eff. Apr. 1, 1999 ;-- Am. 2004, Act 563, Imd. Eff. Jan. 3, 2005 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
Notes of Decisions
Cited in
30
cases (
13 in the last 5 years), 1985–2026 · leading case:
Lavey v. Mills, 639 N.W.2d 261 (Mich. Ct. App. 2002).
Lavey v. Mills, 639 N.W.2d 261 (Mich. Ct. App. 2002).
· cites it 5× “1407(2), and § 5 of the Child Protection Law, MCL 722.625, and arguing that the alleged constitutional *249 violation failed to state a claim on which relief can be granted.”
Lee v. Detroit Med. Ctr., 775 N.W.2d 326 (Mich. Ct. App. 2009).
· cites it 4× “633), as well as an immunity provision (MCL 722.625). The provisions apply to mandated reporters as follows: (1) a person who knowingly fails to report when required to do so incurs criminal liability; (2) a person who fails to report when required to do so incurs civil…”
Awkerman v. Tri-Cnty. Orthopedic Grp., Pc, 373 N.W.2d 204 (Mich. Ct. App. 1985).
· cites it 3× “248(5) provides in pertinent part: "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.”
Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005).
“cooperates in any investigation arising as a result of [a] report”); Mich. Comp. Laws § 722.625 (2005) (extending immunity to a person acting in good faith who “cooperates in an investigation”); N.”
O'donnell v. Brown, 335 F. Supp. 2d 787 (W.D. Mich. 2004).
· cites it 2× “As already discussed, absolute immunity shields judicial and prosecutorial acts, but the removal of the children was not such an act.”
Williams v. Coleman, 488 N.W.2d 464 (Mich. Ct. App. 1992).
· cites it 2× “However, the facts before us present the converse of that situation and illustrate the need to make a very clear distinction in the role of the social workers involved. The dss is charged with the responsibility to investigate reported cases of child abuse or neglect.”
Martin v. Child.'s Aid Soc'y, 544 N.W.2d 651 (Mich. Ct. App. 1996).
· cites it 2× “116(C)(7) and (8), contending they were entitled to absolute immunity, qualified immunity, and immunity under § 5 of the Child Protection Law, MCL 722.625; MSA 25.248(5), and that plaintiffs failed to state any valid claim against them.”
Sanders v. Stanley, 794 F. Supp. 2d 755 (E.D. Mich. 2011).
· cites it 3× “The defendants argue that the former must fail because the communication was privileged under the rule that statements made to the police regarding criminal activity are protected, and because Michigan’s Child Protection Act, Mich. Comp. Laws § 722.625 , grants immunity to…”
Prieur v. Acuity, 143 F. Supp. 3d 670 (E.D. Mich. 2015).
· cites it 2× “Instead, the court was presented only with the issue of whether the defendants were entitled to statutory immunity from this claim under Michigan’s Child Protection Law, Mich. Comp. Laws § 722.625 . Id. at 267 .”
Warner v. Mitts, 536 N.W.2d 564 (Mich. Ct. App. 1995).
“MCL 722.625; MSA 25.248(5) provides in pertinent part: A person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement of this act shall be immune from civil or criminal liability which might otherwise be incurred thereby.”
People v. Wood, 505 N.W.2d 882 (Mich. Ct. App. 1993).
“Mineau , 248-249, citing MCL 722.625; MSA 25.248(5). We believe the appropriate remedy in this case is to suppress the evidence seized.”
People v. Pitts, 548 N.W.2d 688 (Mich. Ct. App. 1996).
“Therefore, the definition of “child abuse” in the Child Protection Law does not affect the meaning of the term when used in the child sexually abusive activity statute.”
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