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Incarcerated Parents Still Have Rights: What the Marcusse Case Tells Us About MCR 2.004 in Michigan Child Welfare Law
When a parent is incarcerated during a child protective proceeding, Michigan law requires that they still be allowed the right to participate in the process. A recent unpublished Michigan Court of Appeals decision highlights the importance of those rights and the legal obligations of the courts and DHHS to protect them. In In re Marcusse…
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Can CPS Interview My Child at School in Michigan? What Parents Need to Know
If you’re a parent in Michigan and Child Protective Services (CPS) is involved with your family, you may wonder whether CPS can speak to your child at school without your knowledge or consent. The answer is: it depends. Michigan law allows specific exceptions for when CPS can interview your child at school. When Can CPS…
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What to Expect During a CPS Home Visit in Michigan
If a report has been made against you to Michigan Child Protective Services (CPS), it’s normal to feel anxious or overwhelmed. A CPS investigation can be incredibly intrusive and emotionally draining, especially when you’re not sure what to expect. When there is a report of child abuse or neglect, Michigan CPS normally begins an investigation…
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Understanding the CPS Investigation Process in Michigan
The Michigan Department of Health and Human Services (MDHHS) is responsible for opening a Child Protective Services (CPS) investigation when a report of child abuse or neglect is made. CPS will only open an investigation if the report includes an allegation of actual abuse or neglect, not suspected. For example, if someone makes a report…
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Understanding Your Rights During a CPS Investigation in Michigan
Becoming the subject of a Child Protective Services (CPS) investigation can be very overwhelming for families. Knowing the process of a CPS investigation, what your rights are, and what you should do during an investigation can help ease the stress and could make a substantial difference in the outcome of the investigation. What Does CPS…
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Michigan CPS Removal of a Child and What to Do
In Michigan, Child Protective Services (CPS) is not supposed to remove a child from their home unless an investigation reveals exigent circumstances or an immediate risk of abuse or neglect. To have exigent circumstances, CPS would need to believe that abuse or neglect is occurring based on the information they have and that the child…
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What Michigan Judges Consider at a Termination of Parental Rights Hearing: A Guide for Families in Lansing and Surrounding Counties
When a termination of parental rights (TPR) hearing takes place in a Michigan court, the judge’s decision can permanently sever the legal rights of a parent to their child. In places like Lansing, and across Mid-Michigan, these hearings are not taken lightly. Judges weigh numerous factors based on the best interests of the child when…
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Protecting Parental Rights: The Case for Family Miranda Laws in Michigan
As a dedicated Michigan CPS defense law firm, we strongly advocate for the adoption of “Family Miranda” type laws in Michigan, similar to the recent reforms in Texas. The new Texas child protection law mandates that caseworkers provide a “Notification of Rights” form to each parent or legal guardian under investigation in a child welfare…
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Understanding the Role of the Office of the Child Advocate in Michigan
Navigating the complexities of Michigan’s child welfare system can be daunting for families. The Office of the Child Advocate (OCA) plays a crucial role in ensuring children’s rights and well-being are upheld. This independent state agency is tasked to investigate complaints and make recommendations to improve Michigan’s child welfare (CPS) system. Investigating Complaints A complaint…
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Defending Against CPS Allegations of Shaken Baby Syndrome: Insights from the Michigan Supreme Court – People v. Lemons
Children’s Protective Services (CPS) cases can be extremely stressful and have life altering consequences for parents. When allegations of child abuse, such as Shaken Baby Syndrome (SBS), arise, the stakes are even higher. The Michigan Supreme Court case, People v. Lemons, provides valuable insights into defending against CPS allegations and accusations. This blog explores key…
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