Definitions of Child Abuse and Neglect Michigan

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Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

Mich. Comp. Laws Ann. § 722.622 (West, WESTLAW through 2002 Reg. Sess.)

'Child' means a person under 18 years of age.

'Child abuse' means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare, or by a teacher or teacher's aide, that occurs through nonaccidental physical or mental injury; sexual abuse; sexual exploitation; or maltreatment.

'Child neglect' means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:

Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care;

Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or any other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

'Person responsible for the child's health or welfare' means a parent, legal guardian, person 18 years of age or older who resides for any length of time in the same home in which the child resides, or, a nonparent adult; or an owner, operator, volunteer, or employee of one or more of the following:

A licensed or unlicensed child care organization as defined by statute;

A licensed or unlicensed adult foster care family home or adult foster care small group home.

'Sexual abuse' means engaging in sexual contact or sexual penetration as those terms are defined in section 520a of the Michigan penal code, § 750.520a, with a child.

'Sexual exploitation' includes allowing, permitting, or encouraging, a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in a listed sexual act as defined in section 145c of 1931 PA 328, MCL 750.145c.

Mich. Comp. Laws Ann. § 722.628(3)(c) (West, WESTLAW through 20002 Reg. Sess.)

'Severe physical injury' means brain damage, skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprains, internal injuries, poisoning, burns, scalds, severe cuts, or any other physical injury that seriously impairs the health or physical well-being of a child.

EXCEPTION

Mich. Comp. Laws Ann. § 722.634 (West 1992)

A parent or guardian legitimately practicing his religious beliefs who thereby does not provide specified medical treatment for a child, for that reason alone shall not be considered a negligent parent or guardian. This section shall not preclude a court from ordering the provision of medical services or nonmedical remedial services recognized by State law to a child where the child's health requires it, nor does it abrogate the responsibility of a person required to report child abuse or neglect.