Who are Mandated Reporters?
Section 11a(1) of the Social Welfare Act provides a list of specific professionals who are mandated to report to Adult Protective Services. (MCL 400.11a): All persons who are employed, licensed, registered or certified to provide and employees of persons employed, licensed, registered or certified to provide:
- Health care services including physicians, nurses, aides, hospital staff, etc.
- Educational services including teachers, administrators, counselors, etc.
- Social Welfare providers, including social work administrators, supervisors, caseworkers, etc.
- Mental health services including psychologists, counselors, agency administrators, supervisors, caseworkers, etc.
- Other human services including those providing information and referral, services to the aging, adult day care, etc.
- Law enforcement officers
- County medical examiner and employees of the county medical examiner.
Those exempt from the Law include Attorneys, Clergy, and Ombudsmen.
What are the Reporting Requirements?
An oral report to Adult Protective Services by calling 1-855-444-3911.
$500 fine for failure to report (misdemeanor charge) which could include jail time.
As the reporter, you are guaranteed immunity from civil liability (“Good Faith Clause”)
Referral sources can only be disclosed by a Court Order or with written permission from the referral source.
What if my supervisor wants to conduct the report themselves?
If you are defined by law as a mandated report, YOU are responsible for making the referral or you could be fined and jailed. Organizations are not mandated reporters; the liability falls to the person. Explain to your supervisor that you are a mandated reporter and required by law to file a report.
What if someone disclosed abuse, neglect, or exploitation to me and I do not report it?
You could be fined and charged with failure to protect a vulnerable adult.