REPORTING HUMAN TRAFFICKING IN MICHIGAN

In Michigan, anyone may report suspected human trafficking or risk of trafficking. Michigan law mandates that certain professionals must report cases of suspected abuse, neglect, and exploitation, including human trafficking, of minors (those under the age of 18). Certainty of trafficking is not necessary.

Michigan law is unclear regarding mandated reporting of human trafficking in vulnerable adults (those unable to protect themselves from exploitation because of a mental or physical impairment or advanced age). Suspected human trafficking in a vulnerable adult may or may not qualify as reportable abuse under the law. The Michigan Department of the Attorney General recommends that each situation be assessed on a case-by-case basis and that mandated reporters follow their institutional/organizational guidelines (Carter, 2021).

Mandated Reporters

Mandated reporters in the state of Michigan include:

• Physicians
• Licensed social workers (MSW and BSW)
• Dentists
• Physician assistants
• Registered social service technicians and social service technicians
• Registered dental hygienists
• Medical examiners
• Persons employed in the Office of the Friend of the Court in a professional capacity
• Nurses
• School administrators
• Licensed emergency medical care providers
• School counselors
• Audiologists
• Teachers
• Psychologists
• Law enforcement officers
• Marriage and family therapists
• Members of the clergy
• Licensed professional counselors
• Regulated childcare providers
• Employees, such as domestic violence providers, of organizations that as a result of federal funding statutes, regulations, or contracts, would be prohibited from reporting in the absence of a state mandate or court order
• Department of Social Services employees including:
  • Eligibility specialists
  • Family independence manager or specialists
  • Social services specialists
  • Social work specialists
  • Social work specialist managers
  • Welfare services specialists
  (MDHHS, 2021)

Making a Report

Reports of abuse, neglect, or exploitation may be made through the Michigan online reporting system or by calling the Centralized Intake for Abuse and Neglect hotline at 855-444-3911 any time, day or night. If the reporter feels that a child or vulnerable adult is in imminent danger, they should call the police or sheriff first.

The identity of the mandated reporter is kept strictly confidential from the report, and there is civil and criminal immunity for any person who makes a report in good faith.

Mandated reporters must make an immediate report of any form of suspected child abuse or neglect, including human trafficking, online or by phone to the Centralized Intake for Abuse and Neglect hotline. The verbal report should include:

• The name and address of the child’s primary caretaker
• The names and birth dates for all members of the household
• The name and date of birth of the suspected abuser
• A statement of whether or not the suspected abuser lives in the home with the child
• The address where the suspected abuse or neglect occurred
• The reason that the mandated reporter suspects abuse or neglect
  (MDHHS, 2021)

For telephone reports, a written report must follow within 72 hours. Reporting online eliminates the requirement to file a written report. The written report must include the following information to comply with the Child Protection Law:

• The name of the child
• A description of the abuse or neglect
• The names and addresses of the child’s parents/guardians
• The persons with whom the child resides
• The age of the child
• Any other information that might establish the cause of the abuse or neglect, or in what way the abuse or neglect occurred
  (MDHHS, 2021)

Reporters are encouraged to use the DHS-3200 form for the written report because it includes all of the information that is required by law. The DHS-3200 form may be accessed online at michigan.gov/mandatedreporter and submitted in one of three ways:

• By email to: DHS-CPS-CIGrouop@michigan.gov
• By fax to: 616-977-1154 or 616-977-1158
• By mail to: Department of Health and Human Services, Centralized Intake for Abuse and Neglect, 5321 28sth Street Court S.E., Grand Rapids, MI 49546

Reporting Trafficking in Competent Adults

Competent adult victims of human trafficking have the rights to privacy and agency. Therefore, mandated reporters in Michigan are not obligated to report suspected human trafficking of competent adults to law enforcement. Since there is no mandate to report suspected trafficking of competent adults under Michigan law, it is important to follow institutional guidelines to avoid compromising an individual’s privacy in a healthcare setting (Carter, 2021).

However, healthcare professionals are required to report when they are treating individuals for a nonaccidental injury that has been inflicted by a knife, gun, deadly weapon, or other means of violence (Michigan Legislature, 2020).

Finally, healthcare providers may counsel competent adult human trafficking victims and refer them to law enforcement and pertinent services. They may also make a confidential report to the National Human Trafficking Resource Center (see box below).