CHILD PROTECTION LAW
Act 238 of 1975
722.633 Failure to report suspected child abuse or neglect; damages; violation as misdemeanor; unauthorized dissemination of information as misdemeanor; civil liability; maintaining report or record required to be expunged as misdemeanor; false report of child abuse or neglect.
Sec. 13.
(1) A person who is required by this act to report an instance of suspected child abuse or neglect and who fails to do so is civilly liable for the damages proximately caused by the failure.
(2) A person who is required by this act to report an instance of suspected child abuse or neglect and who knowingly fails to do so is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Except as provided in section 7, a person who disseminates, or who permits or encourages the dissemination of, information contained in the central registry and in reports and records made as provided in this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and is civilly liable for the damages proximately caused by the dissemination.
(4) A person who willfully maintains a report or record required to be expunged under section 7 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(5) A person who intentionally makes a false report of child abuse or neglect under this act knowing that the report is false is guilty of a crime as follows:
(a) If the child abuse or neglect reported would not constitute a crime or would constitute a misdemeanor if the report were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(b) If the child abuse or neglect reported would constitute a felony if the report were true, the person is guilty of a felony punishable by the lesser of the following:
(i) The penalty for the child abuse or neglect falsely reported.
(ii) Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
History: 1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 1978, Act 252, Eff. Mar. 30, 1979 ;-- Am. 1984, Act 418, Eff. Mar. 29, 1985 ;-- Am. 1988, Act 372, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 56, Imd. Eff. June 9, 1993 ;-- Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994 ;-- Am. 1996, Act 309, Eff. Jan. 1, 1997 ;-- Am. 2002, Act 14, Imd. Eff. Feb. 19, 2002
Notes of Decisions
People of Michigan v. Shae Lynn Mullins, 911 N.W.2d 201 (Mich. Ct. App. 2017).
· cites it 32× “In doing so, the circuit court noted that under the common-law theory of innocent agent, a person was liable for the commission of a crime as a principal when the person used an "innocent other" as an instrumentality to commit the offense.”
Lee v. Detroit Med. Ctr., 775 N.W.2d 326 (Mich. Ct. App. 2009).
· cites it 14× “116(C)(7) and (8), arguing that they were entitled to dismissal of plaintiff's vicarious liability claims because MCL 722.633 does not provide for liability for anyone other than the person who fails to report.”
Nathaniel Brent v. Wayne Cty. Dep't of Human Servs., 901 F.3d 656 (6th Cir. 2018).
· cites it 2× “Finally, we held that Brent lacked standing to pursue a claim against Trice under Mich. Comp. Laws § 722.633 (1) for her alleged failure to report the medical neglect of Robert because Michigan law intended liability under the state statute to "be limited to claims for damages…”
Jones v. Bitner, 832 N.W.2d 426 (Mich. Ct. App. 2013).
· cites it 4× “Thus, plaintiffs claim was subject to the “damages proximately caused by” standard of MCL 722.633(1), not the stricter “the proximate cause” standard of MCL 691.”
Williams v. Coleman, 488 N.W.2d 464 (Mich. Ct. App. 1992).
· cites it 4× “Plaintiff, decedent’s sister, brought suit under MCL 722.633; MSA 25.248(13), which provides for civil liability for failure to report child abuse or neglect.”
Zimmerman v. Owens, 561 N.W.2d 475 (Mich. Ct. App. 1997).
· cites it 6× “§ 722.633(3); M.S.A. § 25.248(13)(3), seeking damages for defendant's alleged wrongful dissemination of the protective services report.”
Marcelletti v. Bathani, 500 N.W.2d 124 (Mich. Ct. App. 1993).
· cites it 3× “In addition, MCL 722.633(1); MSA 25.248(13)(1) provides: A person, required to report an instance of suspected child abuse or neglect, who is required to report under this act and who failed to do so, is civilly liable for the damages proximately caused by the failure.”
People v. Cavaiani, 432 N.W.2d 409 (Mich. Ct. App. 1988).
· cites it 3× “We granted the people leave to appeal from the circuit court’s order declaring MCL 722.633(2); MSA 25.248(13X2) unconstitutional and dismissing the complaint and warrant charging that defendant failed to report an instance of suspected child abuse, a misdemeanor.”
People v. LaLone, 437 N.W.2d 611 (Mich. 1989).
· cites it 2× “MCL 722.633; MSA 25.248(13). [9] See committee note (1) to MRE 803.”
J.A.W. v. Roberts, 627 N.E.2d 802 (Ind. Ct. App. 1994).
· cites it 2× “75 ; Mich. Comp. Laws § 722.633 ; Mont.Code § 41-3-207; N.”
People v. Beardsley, 688 N.W.2d 304 (Mich. Ct. App. 2004).
· cites it 2× “MCL 722.633 makes the knowing failure to report such suspected activity a criminal misdemeanor.”
— Mich. Comp. Laws § 722.633(1) — 20 cases
Nathaniel Brent v. Wayne Cty. Dep't of Human Servs., 901 F.3d 656 (6th Cir. 2018).
“Finally, we held that Brent lacked standing to pursue a claim against Trice under Mich. Comp. Laws § 722.633 (1) for her alleged failure to report the medical neglect of Robert because Michigan law intended liability under the state statute to "be limited to claims for damages…”
Lee v. Detroit Med. Ctr., 775 N.W.2d 326 (Mich. Ct. App. 2009).
“116(C)(7) and (8), arguing that they were entitled to dismissal of plaintiff's vicarious liability claims because MCL 722.633 does not provide for liability for anyone other than the person who fails to report.”
Jones v. Bitner, 832 N.W.2d 426 (Mich. Ct. App. 2013).
“Thus, plaintiffs claim was subject to the “damages proximately caused by” standard of MCL 722.633(1), not the stricter “the proximate cause” standard of MCL 691.”
Marcelletti v. Bathani, 500 N.W.2d 124 (Mich. Ct. App. 1993).
“In addition, MCL 722.633(1); MSA 25.248(13)(1) provides: A person, required to report an instance of suspected child abuse or neglect, who is required to report under this act and who failed to do so, is civilly liable for the damages proximately caused by the failure.”
Williams v. Coleman, 488 N.W.2d 464 (Mich. Ct. App. 1992).
“Plaintiff, decedent’s sister, brought suit under MCL 722.633; MSA 25.248(13), which provides for civil liability for failure to report child abuse or neglect.”
— Mich. Comp. Laws § 722.633(2) — 6 cases
People v. Cavaiani, 432 N.W.2d 409 (Mich. Ct. App. 1988).
“We granted the people leave to appeal from the circuit court’s order declaring MCL 722.633(2); MSA 25.248(13X2) unconstitutional and dismissing the complaint and warrant charging that defendant failed to report an instance of suspected child abuse, a misdemeanor.”
Jones v. Bitner, 832 N.W.2d 426 (Mich. Ct. App. 2013).
“Thus, plaintiffs claim was subject to the “damages proximately caused by” standard of MCL 722.633(1), not the stricter “the proximate cause” standard of MCL 691.”
— Mich. Comp. Laws § 722.633(3) — 2 cases
Zimmerman v. Owens, 561 N.W.2d 475 (Mich. Ct. App. 1997).
“§ 722.633(3); M.S.A. § 25.248(13)(3), seeking damages for defendant's alleged wrongful dissemination of the protective services report.”
— Mich. Comp. Laws § 722.633(5) — 3 cases
People of Michigan v. Shae Lynn Mullins, 911 N.W.2d 201 (Mich. Ct. App. 2017).
“In doing so, the circuit court noted that under the common-law theory of innocent agent, a person was liable for the commission of a crime as a principal when the person used an "innocent other" as an instrumentality to commit the offense.”
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