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Child-Maltreatment-Research-L (CMRL) List Serve

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Welcome to the database of past Child-Maltreatment-Research-L (CMRL) list serve messages (10,000+). The table below contains all past CMRL messages (text only, no attachments) from Nov. 20, 1996 - June 11, 2018 and is updated quarterly.

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Message ID: 8483
Date: 2010-05-20

Author:Frank Vandervort

Subject:Re: when to call the D.A. about suspected maltreatment

Hello Dr. Fontes, While not research or anecdote, the Child Abuse Prevention and Treatment Act requires, as part of the state plan that must be in place to receive federal CAPTA funding, that each state have in place a state law that ensures "the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse or neglect." 42 U.S.C. 5106a(B)(2)(A)(vii). Michigan's law--which I think is pretty typical of such statutes--provides that CPS must "seek the assistance of and cooperate with law enforcement within 24 hours of becoming aware that" abuse or neglect may be the cause of a child's death, the child is suspected of having been sexually abused or exploited, abuse or neglect has resulted in "severs physical injury" (an injury that seriously impairs the child's health or physical well being and which requires medical attention), where law enforcement's assistance is needed to protect CPS personnel, where the suspected perpetrator of child maltreatment is not the child's parent, guardian, etc., or the child has been exposed to methamphetamine production. See Michigan Compiled Laws Annotated (MCL) 722.628(3). While CPS and law enforcement are required to jointly investigate cases, they are statutorily required to make independent judgments as to how to proceed on the case. See MCL 722.628(4). In turn, each county in the state must then develop a written protocol for implementing this statutory requirement. MCL 722.628(6). I hope this helps. Frank Vandervort At 11:31 AM 5/19/2010, you wrote: >I realize practices vary by state and probably by district, as well >as certainly by nation. Can anyone point me to materials regarding >how decisions are made by CPS to report possible/probable abuse to >the district attorney (prosecutor)? I am interested in anecdotal >information as well as research. > >I'm interested in this not just for the U.S, actually, but for other >countries as well. > >Many thanks! > >Lisa Fontes, Ph.D. >University of Massachusetts >USA Frank E. Vandervort Clinical Assistant Professor of Law University of Michigan Law School Child Advocacy Law Clinic 313 Legal Research Building 625 S. State Street Ann Arbor, MI 48109-1215 (734) 763-5000

Hello Dr. Fontes, While not research or anecdote, the Child Abuse Prevention and Treatment Act requires, as part of the state plan that must be in place to receive federal CAPTA funding, that each state have in place a state law that ensures "the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse or neglect." 42 U.S.C. 5106a(B)(2)(A)(vii). Michigan's law--which I think is pretty typical of such statutes--provides that CPS must "seek the assistance of and cooperate with law enforcement within 24 hours of becoming aware that" abuse or neglect may be the cause of a child's death, the child is suspected of having been sexually abused or exploited, abuse or neglect has resulted in "severs physical injury" (an injury that seriously impairs the child's health or physical well being and which requires medical attention), where law enforcement's assistance is needed to protect CPS personnel, where the suspected perpetrator of child maltreatment is not the child's parent, guardian, etc., or the child has been exposed to methamphetamine production. See Michigan Compiled Laws Annotated (MCL) 722.628(3). While CPS and law enforcement are required to jointly investigate cases, they are statutorily required to make independent judgments as to how to proceed on the case. See MCL 722.628(4). In turn, each county in the state must then develop a written protocol for implementing this statutory requirement. MCL 722.628(6). I hope this helps. Frank Vandervort At 11:31 AM 5/19/2010, you wrote: >I realize practices vary by state and probably by district, as well >as certainly by nation. Can anyone point me to materials regarding >how decisions are made by CPS to report possible/probable abuse to >the district attorney (prosecutor)? I am interested in anecdotal >information as well as research. > >I'm interested in this not just for the U.S, actually, but for other >countries as well. > >Many thanks! > >Lisa Fontes, Ph.D. >University of Massachusetts >USA Frank E. Vandervort Clinical Assistant Professor of Law University of Michigan Law School Child Advocacy Law Clinic 313 Legal Research Building 625 S. State Street Ann Arbor, MI 48109-1215 (734) 763-5000