Abuse and neglect cases are handled by Michigan’s Child Protective Services or CPS. Children will be protected by it. It’s a great idea, but it can have two sides like most legal matters. From the attorney’s perspective, the involvement of CPS frequently extends the legal process. The CPS attorney is going to be involved as well. The CPS adds a new set of proceedings.
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CPS involvement tends to prolong cases, lawyers dislike it. Clients don’t like it because it makes the case cost more. However, the involvement of CPS can be utilized in a case involving child abuse. When it comes to dealing with child abuse, CPS is excellent. The involvement of the CPS adds another layer to the case. This indicates that it presents new obstacles.
What is CPS? What does CPS do?
The mandate of CPS is to protect children from abuse and neglect. Abuse is when a child’s health or well-being is harmed or threatened. Harm to one’s emotions or body is not accidental. Let’s look into our understanding of “child neglect”:
When you should have been aware of the risk or put a child in your care at an unreasonable risk of harm. Putting them at risk when you could have kept the child safe. These are the kind of situations that CPS investigates. CPS investigates abuse and neglect. These are acts committed by adults who are responsible for the care of children. CPS is focused on acts committed by people such as parents or guardians. It is neglect when parents or guardians fail to provide adequate food, shelter, clothing, and appropriate medical care. The police will come and investigate if the case involves people who are not a caregiver but personalities like a teacher or religious persons. CPS in enforcing its mandates works with families, the police, the courts, and other organizations to serve the best interest of the child.
What is the impact of CPS involvement in your child custody case?
If CPS comes knocking at your door, somebody must have accused you of hurting a child. Worse is that someone is alleging you are committing violence against a minor child in your home.
In Michigan, the court will take into account more than just domestic violence. It is most often the case in deciding who should have custody of the child. This is true even if your children did not witness the violence and were not victims. Domestic violence is only one factor taken into consideration in a custody case. An abusive spouse may still get parenting time and even custody as an outcome of a custody case.
In Michigan, the law assumes a relationship with both parents is best for your child. The vast majority of children maintain contact with abusive parents. It happens even if parents are involved in abusive relationships. The other parent will typically continue to receive parenting time. It is a reality even if you are granted custody of your child. In arguing for custody parents have to prove their child’s mental, physical, or emotional health will be in danger if existing arrangements continue. Their well-being is at risk if the other parent is granted parenting time. The court may grant that visitation be denied or limited in extreme circumstances.
How can CPS help you if you are the victim?
A judge may grant “supervised visitation.” Parenting time between the abusive parent and the child is granted only in exceptional circumstances. It is all depending on the circumstances. There is a way to determine if the abuser is appropriate for the child. The judge may direct a social worker to observe the visitation. The court can use a third party, such as a friend or grandparent. These third parties could also be ordered by the judge. They will supervise the parenting time between the abusive parent and the child.
You may not be worried about your child’s safety knowing your ex-spouse is not going to harm the child. You might be worried about your safety. The judge may direct that exchanges take place at a police precinct. These choices typically only last a short time, except for a few cases. In the end, the other parent may be granted unsupervised custody of the child. Depending on the cost they can also choose a supervised exchange center. There could be one available in your community.
Your attorney can take the necessary legal steps to protect you and punish the abuser.
Acts of domestic violence are crimes that can lead to a criminal conviction. Abusers accused and found guilty can be sentenced to pay a fine. They can even spend some time in prison if the crime is severe enough. Your attorney can find the legal means to protect you. One of these is a motion to file for a personal protection order or PPO.
PPOs restrict the abuser’s interaction with the victim by directing the abuser to:
[ a ] Stop calling the victim or communicating with them in any way.
[ b ] Avoid threatening, assaulting, causing harm to the victim, or stalking them.
[ c ] Stop interfering with the victim’s shared custody and care of their children.
[ d ] Stay away from the victim’s home, work, school, and person.
Even if you do not have a case against the abuser pending, you can still file a petition for a PPO in a family court or circuit court.
Suppose you are a parent with a child whom CPS recently removed from your home. Now CPS has gone to court for an order that allows them to keep your child. An arrangement called taking conservatorship rights to your child on an indefinite basis. Knowing a CPS investigation could affect your child’s well-being induces a feeling of helplessness. Being a parent named in court documents makes you even more powerless. Furthermore, the CPS investigation is not even focused on you. In this case, you are known as a “non-offending parent.” You could be named in the petition for the only reason you are one of the child’s parents.
You might find yourself on a different side of abuse. You need to get involved in the case. You may currently be a parent with parenting time with your child. All the more reason to be involved in the CPS case. Your child may need a place to stay during the duration of the CPS case.
Being around or near the scene of the abuse can pose a risk of you being blamed for neglecting or abusing the child yourself. You can say you are not a part of it but still, you were not able to stop or prevent the abuse or neglect from happening. CPS will try to take away your parental rights. It is an ever-present risk as a parent involved in a CPS case. Your parental rights can be terminated. If CPS still has not called or established contact, it is best you take the initiative to be involved in the case. This will give you a chance to have to participate and have a say in the process.
How will you deal with CPS?
CPS agents who respond to a complaint will take action within 24 hours. The thing with CPS once they initiate an investigation is they assume you are guilty. They frequently receive anonymous tips. CPS agents are obligated to investigate each lead as though it were genuine. As a result, you should also consider the accusation to be serious.
In the context of the CPS investigation process, you must be aware of your rights.
[ 1 ] You are entitled to know the charges against you in as much detail.
You can request written records and investigative reports. You may not have the legal right to know who has been making accusations against you. But, you do have the right to know about the charges. CPS agents frequently attempt to conceal information. They instead offer broad categories like “abuse” or “neglect.” They must provide specific information if you ask for it. This information will be used by your lawyer to build a strong defense.
[ 2 ] You are entitled to decline to answer questions posed by CPS.
You are protected from self-incrimination under this right in all situations. This is not just those involving criminal charges. Your compliance does not mean however that you won’t face problems in the future. Especially if you completely refuse to respond to the CPS investigator’s inquiries. Respond to the investigator’s inquiries with your questions. Asking about what the inquiry and the case are about can be the most effective strategy.
[ 3 ] You have the right not to give CPS access to your home except if they have a warrant or court request signed by a judge.
You might be lied to by CPS representatives. They could profess to be coming to gather your children, and they could try and be joined by a cop. Try not to give them access, but, on the off chance that they can’t furnish you with a court request.
Regardless of what the CPS worker says, you are assured of rights under the Fourth Amendment. You have surrendered your established freedom if you let CPS inside your home.
You can request they keep your kids near you. Request they leave your home but don’t intercede. Remember they could in any case enter despite your protest. Try not to take part in a physical tussle in this circumstance or you will wind up in prison. You can use this material in court. Assuming you verbally express the word about your protesting.
[ 4 ] You are entitled to the recording of everything.
In Michigan, any conversation you are a part of can be secretly recorded. You can record on video without a problem. A recording of your interview with the CPS agent will be useful to your attorney. Anything you say that is misinterpreted can be refuted in court.
A court order requiring a CPS representative to speak with your child alone is an example. Ensure that the conversation is recorded. so that you and your attorney can review it in the future. The documentation may protect you. Your family can be protected from overly sensitive CPS personnel. CPS agents can be overzealous and may attempt to sway your child’s words.
[ 5 ] You are entitled to keep legal counsel to represent you in court.
Because every situation is unique, you should hire an attorney to help you tell your side of the story. Try to get your family back together. Your attorney will keep your conversations private. It is a result of attorney-client privileges.
You won’t be given a lawyer appointed by the court as soon as a CPS investigation begins. If you cannot afford an attorney, you may still be eligible for one. You should whenever a Michigan petition is filed against you or your children. You must also be aware that some of these reports come from reporters mandated by the state.
When a case of child abuse is found, mandated reporters must follow certain steps. Examples of mandated reporters are pediatricians or doctors. These are not professional standards, but rather state statutes’ mandates.
Before you agree to have your child examined for signs of abuse, think first. You should seriously consider the situation you are putting yourself into. Mandatory reporters are medical professionals or doctors whom you consult. Your case might end up being reported to CPS.
Mandatory reporters are people who are required to report to Centralized Intake, CPS at the DHHS. They have to file these reports when there is “reasonable cause to suspect” child abuse or neglect. They must have a suspicion it has occurred or is occurring. There is a comprehensive list of these people in Michigan. Mandatory reporters are required by law to provide specific information.
There are consequences in Michigan for not reporting child abuse and neglect. This also includes making false allegations. The consequences can be unpleasant. A mandated reporter who willfully misses the deadline for reporting is guilty of a misdemeanor. The mandated reporter could face penalties. Penalties could mean a fine not to exceed $500; a prison sentence of no more than 93 days; or either.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.