What is Child Abuse? What is Child Neglect?

Michigan law provides for several different definitions of Child Abuse and Child Neglect.  The facts of what happened to a child will determine which definition applies, and as a result of fitting a particular definition, will control how a particular situation is handled: either as a child protection proceeding in the Family Division of the Circuit Court or as a potential criminal prosecution for Child Abuse.

The Child Protection Law, MCL 722.621 through 722.638

Michigan adopted the Child Protection Law in 1975.  Its purpose is as stated in the legislation is to be:

"AN ACT to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; [and] to provide for the protection of children who are abused or neglected..."

The Child Protection law defines child abuse and child neglect as follows:

• Child Abuse - the 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, a legal guardian, or any other person responsible for the child's health or welfare, or by a teacher, a teacher's aide, or a member of the clergy.
• Child Neglect - the 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, though financially able to do so, or by the failure to seek financial or other reasonable means 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 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.

It is important to note that child abuse and child neglect as defined by the Child Protection Law only extends to certain individuals named in these statutes who have responsibility for the care, custody, and well-being of the child.  The Child Protection Law does not extend to strangers or others.

If a parent, legal guardian, or other person identified under the Child Protection Law is found by the Michigan Department of Health and Human Services, by a preponderance of the evidence, has committed Child Abuse or Child Neglect, Child Protective Services will intervene with the caregiver to protect the child through provision of services, through seeking Family Court intervention, or through termination of a parent's parental rights.

The Michigan Penal Code, Child Abuse, MCL 750.136b

Michigan added the crime of Child Abuse to the Michigan Penal Code in 1988.  Criminal prosecution may be sought under the Michigan Penal Code against anyone who is determined to have committed an act of Child Abuse (which includes certain neglectful acts), which acts are defined as follows:

• First Degree Child Abuse - a person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical harm or serious mental harm to a child.  Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.
• Second Degree Child Abuse - a person is guilty of child abuse in the second degree if any of the following apply:
  • The person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious mental harm to a child.
  • The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.
  • The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.
  • A licensed child care organization (e.g., daycare or child care home) violates the Child Care Organization Act (1973 PA 116) which causes the death of a child.
  • Second Degree Child Abuse is a felony punishable by not more than 10 years for a first offense or 20 years for a second or subsequent offense.
• Third Degree Child Abuse - a person is guilty of child abuse in the third degree if any of the following apply:
  • The person knowingly or intentionally causes physical harm to a child.
  • The person knowingly or intentionally commits an act that under the circumstances poses and unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.
  • Third Degree Child Abuse is a felony punishable by up to 2 years for a first offense or 5 years for a second or subsequent offense.
• Fourth Degree Child Abuse - a person is guilty of child abuse in the fourth degree if any of the following apply:
  • The person's omission or reckless act causes physical harm to a child.
  • The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.
  • Fourth Degree Child Abuse is a misdemeanor punishable by up to 1 year for a first offense, a felony punishable by up to 2 years for a second or subsequent offense.