Glossary
Legal definitions of terms important to child abuse and neglect law can be confusing. The
following list of definitions are as stated in the Child Protection
Law.
"Child" means
a person under 18 years of age.
"Child abuse"
means harm or threatened harm to a child's
health or welfare that occurs through nonacidental 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 care provider"
means an owner, operator, employee,
or volunteer of a child care organization or of an adult foster care
location authorized to care for a child.
"Child care regulatory
agency" means the department
of consumer and industry services or a successor state department that
is responsible for the licensing or registration of child care organizations
or the licensing of adult foster care locations authorized to care for
a child.
"Member of the clergy"
means a priest, minister, rabbi,
Christian Science practitioner, or other religious practitioner, or
similar functionary of a church, temple, or recognized religious body,
denomination, or organization.
"CPSI system"
means the Child Protective Service Information
system, which is an internal data system maintained within and by the
department, and which is separate from the central registry.
"Department"
means the Family Independence Agency.
"Director"
means the director of the department.
"Nonparent adult"
means a person who is 18 years of age
or older and who, regardless of the person's domicile, meets all of
the following criteria:
-
(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.
-
(iii) Is not the
child's parent or a person otherwise related to the child by blood
or affinity to the third degree.
"Person
responsible for the child's health or welfare" means
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 section 7(2)(e) or 8(8), nonparent adult; or
an owner, operator, volunteer, or employee of any of the following:
"Preponderance
of Evidence" *means
evidence which is of greater weight or more convincing than evidence
which is offered in opposition to it.
"Sexual abuse"
means engaging in sexual contact or sexual
penetration with a child as defined by the Michigan Penal Code.
"Substantiated"
means a child protective services case
classified as a central registry case.
"Unsubstantiated"
means a child protective services case
the department classifies as a category III, IV, or V.
*Source:
Michigan Family Independence Agency Children’s Protection Services Manual,
Sections 711-4