Doe v. Doe

809 N.W.2d 163, 289 Mich. App. 211
CourtMichigan Court of Appeals
DecidedJuly 13, 2010
DocketDocket No. 285655
StatusPublished
Cited by1 cases

This text of 809 N.W.2d 163 (Doe v. Doe) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Doe, 809 N.W.2d 163, 289 Mich. App. 211 (Mich. Ct. App. 2010).

Opinion

ON REMAND

Before: O’CONNELL, P.J., and TALBOT and STEPHENS, JJ.

Talbot, J.

This case returns to this Court on remand from our Supreme Court “for reconsideration of the reporting requirements under the Child Protection Law, MCL 722.623(1)(a), and the effects of MCL 722.622(f), (t), and (u) on those requirements in this case.” Doe v Doe, 486 Mich 851 (2010). After such consideration, we reverse the trial court’s denial of defendants’ motion for summary disposition1 of plaintiffs’ claim of liability premised on a failure to report child abuse in accordance with MCL 722.623.

To provide context, a brief summary of the factual circumstances is provided. This case involved the transport by ambulance of a minor female by two emergency medical technicians (EMTs) to a psychiatric facility following her attempted suicide and stabilization at a general hospital. The driver of the ambulance was Timothy O’Connell. The other EMT involved in the transport was Matt DeFillippo, who traveled in the rear of the ambulance with the minor and sexually molested her. The question on remand is whether O’Connell breached a statutory duty, given his suspicions that DeFillippo was engaged in improper and illicit physical contact with the minor, to report the incident of abuse in accordance with MCL 722.623. Although O’Connell did contact his supervisor while en route to seek instruction because of his suspicions and concerns regard[214]*214ing his partner’s behavior, resulting in a police investigation and charges brought against DeFillippo, plaintiff contends that defendants also had a duty to report the abuse in accordance with the strictures of the Child Protection Law (CPL), MCL 722.621 et seq.

We review de novo a trial court’s decision to grant or deny summary disposition. Hughes v Region VII Area Agency on Aging, 277 Mich App 268, 273; 744 NW2d 10 (2007). Similarly, “[t]he proper interpretation of a statutory provision is a question of law that this Court reviews de novo.” Brown v Detroit Mayor, 478 Mich 589, 593; 734 NW2d 514 (2007). Because “[t]he primary goal of statutory interpretation is to give effect to the intent of the Legislature,” the “first step is to review the language of the statute.” Id. “If the statutory language is unambiguous, the Legislature is presumed to have intended the meaning expressed in the statute and judicial construction is not permissible.” Id.

The language of MCL 722.623 is clear and unambiguous in mandating that EMTs report child abuse to Children’s Protective Services. Specifically, MCL 722.623(1) provides, in relevant part:

An individual is required to report under this act as follows:
(a) A physician, dentist, physician’s assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, social worker, licensed master’s social worker, licensed bachelor’s social worker, registered social service technician, social service technician, a person employed in a professional capacity in any office of the friend of the court, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, or regulated child care provider who has reasonable cause to suspect child abuse or neglect shall make immediately, by telephone [215]*215or otherwise, an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the department. Within 72 hours after making the oral report, the reporting person shall file a written report as required in this act. [Emphasis added.]

While a reporting mandate appears to exist under the language of MCL 722.623, this requirement is limited by MCL 722.622, which provides definitions for some terms “[a]s used in this act[.]”

The term “child abuse” is defined in MCL 722.622(f) as

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. [Emphasis added.]

In turn, a “person responsible for the child’s health or welfare” is defined in MCL 722.622(u) as encompassing

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, except when used in [MCL 722.627(2)(e) or MCL 722.628(8)], nonparent adult; or an owner, operator, volunteer, or employee of 1 or more of the following:
(i) A licensed or registered child care organization.
(ii) A licensed or unlicensed adult foster care family home or adult foster care small group home .... [Emphasis added.]

A “nonparent adult” is defined in MCL 722.622(t) to mean

a person who is 18 years of age or older and who, regardless of the person’s domicile, meets all of the following criteria in relation to a child:
[216]*216(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child’s parent or with a person responsible for the child’s health or welfare.
(Hi) Is not the child’s parent or a person otherwise related to the child by blood or affinity to the third degree. [Emphasis added.]

Consequently, the statutory definitions specifically limit the reporting requirements of MCL 722.623 in accordance with the meanings attributed to the terms “child abuse,” “person responsible for the child’s health or welfare,” and “nonparent adult.” On the basis of these restrictive definitions, MCL 722.623(1)(a) mandates reporting of suspected child abuse to Children’s Protective Services by the enumerated professional disciplines only if the perpetrator of the abuse has a very specific relationship with the minor child. Specifically, MCL 722.623(1) (a) requires reporting of suspected child abuse only if the perpetrator is the parent, legal guardian, teacher, teacher’s aide, clergyman, “or any other person responsible for the child’s health or welfare,” including a “nonparent adult,” as those terms are defined by MCL 722.622(u) and (t). In other words, the imposition of a duty to report suspected child abuse to Children’s Protective Services is based not on the occurrence of such abuse, but on the type of relationship the alleged perpetrator has with the minor child. While such an outcome would seem to be contrary to the normal usage or understanding of such phrases and to the mandatory nature of MCL 722.623(1)(a), the statutory definitions encompassing the term “child abuse” preclude the imposition of a reporting requirement on defendants under the factual circumstances of this case.

To explain this apparent discrepancy, we examine both the stated purpose of the CPL and a previous [217]*217decision by another panel of this Court. The CPL indicates its purpose as follows:

An act to require the reporting of child abuse and neglect by certain persons;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

John Doe v. John Doe I
Michigan Court of Appeals, 2014

Cite This Page — Counsel Stack

Bluebook (online)
809 N.W.2d 163, 289 Mich. App. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-doe-michctapp-2010.