In the past, it was normal for parents to spank their child with a belt or a stick. If a parent still practices these outdated methods, they may receive a visit from Child Protective Services (CPS) or perhaps the police.
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What if I punished our child and my ex contacted CPS? Nobody is really qualified to advise you on how to handle your child’s behavior. Simply refrain from using a belt or anything else that could inflict significant harm. You would have to defend your discipline methods to the police or CPS. All that is required of you is cooperation, an explanation of who you are, and background information on the disciplinary action you took.
Is Spanking Not Allowed Anymore?
In Michigan, spanking is not regarded as child abuse in and of itself. The law defines spanking as a form of punishment that involves inflicting pain on a kid without actually injuring them, with the goal of explicitly altering the child’s behavior.
While spanking is permitted in Michigan, there are a few things that parents should consider before using it on their children. If parents are not careful and use good judgment, all physical punishment, including corporal punishment, can be perceived as abusive.
Although it is perfectly legal for parents to discipline their children physically, they should be aware of the potential consequences, especially if there is a custody battle or a CPS investigation. Although physical punishment does not always equate to child abuse, it is regularly brought up in custody battles and influences how the courts distribute custody.
The legislation allows for the use of “reasonable force,” which is a rather ambiguous term. Similar to “moderation” in drinking, everyone has a different definition of “reasonable,” and the law doesn’t state exactly what it considers to be “appropriate.” However, this is typically understood to mean that only an open hand should be used, and never above the shoulders, as even a minor strike to the head can seriously harm a child’s developing brain.
Parents are urged to be judicious and cautious in their punishment decisions because spanking is a somewhat contentious topic and everyone has their own view on whether it is appropriate or bad. If you decide to spank your kids, which is permitted in Michigan as a parent, be informed of the statute and how the state feels about your actions.
According to 75 studies involving a total of 160,000 children, spanking children is more detrimental to their psychological health than beneficial. The study also indicated that children who were spanked more frequently were more likely to struggle with antisocial behavior and mental health problems. It has also been demonstrated that using force increases children’s risk for depression, aggressiveness, and subsequent drug use.
Spanking was discovered to essentially have the same harmful effects as physical child abuse, but on a milder scale.
What Happens If Your Ex Calls CPS?
After your ex makes a call to CPS, within 24 hours, a CPS investigation must commence.
CPS has 30 days to complete its inquiry, barring exceptional circumstances that warrant a longer period.
CPS must decide if there is a preponderance of evidence of child abuse or neglect based on an examination of the aforementioned elements. A 51% possibility that abuse or neglect took place is referred to as a preponderance of evidence, which is evidence that is stronger or more convincing than evidence presented in opposition to it.
If it’s required to protect a child, CPS may submit a petition to the court asking for any of the following orders:
- [a] The family will assist with in-home care.
- [b] Eviction of the offender from the house.
- [c] The child being taken out of the house.
Without a court order, CPS cannot remove a child from your home. The petition, including the removal request, may be rejected by the court.
The following factors are considered before deciding to ask the court to seek the removal of a child:
- [a] Is the child in immediate danger?
- [b] How does the caretaker see the circumstance?
- [c] Is the caregiver obliging?
- [d] Is the caretaker requesting assistance?
- [e] Is the caretaker able to evolve?
- [f] Existence of alternatives to removal?
- [g] Are there programs that can be implemented right now to keep the child secure at home? Can plans be made for the child while the services case is being established?
- [h] Will the offender leave the house?
- [i] Can a child’s safety be ensured through court orders?
You have to talk to your attorney since CPS can actually petition the court to terminate parental rights if they have a strong case against you.
How Do You Deal With False Accusations and CPS?
If you’re one of those who deal with vindictive spouses, it will not be surprising if CPS or the police are frequently visiting your home to investigate allegations of abuse. A highly vindictive spouse has a way of expressing their contempt for their partner in a variety of ways. False accusations are the obvious and simplest way of getting back at you. And the department capable of giving you the most headache with less effort on the accuser is of course CPS or the police.
When a CPS officer knocks on your door, they will approach you as if you are guilty and behave accordingly. CPS agents are obligated to follow up on every lead as though it were real because they frequently receive anonymous tips. You should consider the complaint seriously as a result.
The local police or CPS showing up at your house is the last thing you need. Take false accusations of domestic violence or child abuse seriously if they are made against you. If you hear a rumor about these claims or allegations against you, speak with your attorney.
For some unfortunate chance you find yourself getting a knock on your door from CPS, always remember you have rights just like any other.
[1] You have the right to refuse CPS entry to your home unless they have a signed warrant or court order.
You may be told lies by CPS employees. They can even claim to be picking up your children while being escorted by a police officer. Don’t let them in, though, if they can’t show you a court warrant.
No matter what the CPS official says, you are always entitled to protection under the 4th Amendment. You just gave up your fundamental rights if you let them into your house.
You can demand that they keep your children close to you. Demand that they leave your property, but don’t assault them.
Be mindful that despite your demands, they may still enter. If you engage in a confrontation in this situation, you run the possibility of going to jail. You may use this evidence in court, though, if you make it clear that you are protesting.
[2] You can decide whether or not to respond to CPS questions.
The Constitution protects you from self-incrimination in all circumstances, not just those involving criminal allegations. However, outright refusing to answer the CPS investigator’s inquiries may lead to issues in the future. Answering the investigator’s inquiries with your own inquiries, such as “Why am I or my family the subject of a CPS investigation?” is the wisest line of action.
[3] You have a right to full information of the charges brought against you.
You have the right to request written records and investigative results even though you are not legally entitled to know who has accused you. You have a right to be aware of the accusations leveled against you. CPS representatives frequently try to hide facts by simply labeling circumstances as “abuse” or “neglect,” for example. If you require any specific information, they must provide it. Your attorney will make use of this material to develop a strong defense.
[4] It is legal for you to have everything documented.
In Michigan, it is perfectly legal to covertly record any conversation you are a part of on camera or with an audio recorder.
Anything you say to the CPS agent that is misunderstood could be contested in court if there is a recording of your conversation with them.
If a CPS representative must speak with your child or children alone pursuant to a court order, make sure the conversation is videotaped so you may later review it with your lawyer. The recording can protect you and your family from overzealous CPS agents who could try to misrepresent what your child says.
[5] You are entitled to pick the legal representative you want to use in court.
Since every person’s situation is unique, you should pick an attorney to represent you while you attempt to reunite with your family and present your side of the story. Under the protection of attorney-client privileges, anything you say to your attorney will be kept private.
When the CPS investigation starts, you won’t be assigned a court-appointed attorney. If a petition is filed in Michigan regarding you or your children and you are unable to pay for one, you may be eligible for one for free.
There is no evidence that spanking has any developmental advantages for the child. Studies have also discovered tenuous links between spanking in children, anxiety disorders, and adult alcoholism.
According to Michigan law, spanking is not considered abuse and is therefore legal. Moreover, according to state law, a parent or guardian who uses reasonable force to discipline a child is expressly excluded from criminal prosecution. You just need to explain to CPS or the police that you are simply using “reasonable force to discipline your child”.
According to current parenting guidelines, communicating with kids rather than employing punishment or physical force is preferable. As alternatives to spanking, parents are recommended to use sanctions like time outs, more work, grounding (for older kids), and limitations on TV and other types of entertainment.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.