We’ve shared with you before about the fact that CPS and the state take a very grim view of parents who leave their children unattended, even for short periods of time. Despite that, there are no clear laws specifying at what age a child can be left unattended, and parent are expected to decide based on the child’s competence and maturity, and how long they’ll be alone for. It’s a tricky situation, and one that leaves a lot open to interpretation.

However, when something tragic happens to an unattended child, CPS is quick to step in and point fingers at the parents. A classic example of this is the current case of 38-year-old Thomas Smith from Detroit, who is accused of leaving his two young children unattended in his eastside home, which resulted in the tragic death of his 2-year-old daughter.

Thomas Smith is accused of neglecting his children

According to the Wayne County Prosecutor’s Office, Smith left his 2-year-old daughter in the care of his 7-year-old son in their Detroit home on Sunday. He returned later to find the little girl unresponsive at the bottom of the stairs. Smith called 911 and police arrived at the scene to find the toddler not breathing. She was transported to a local hospital, where she was pronounced dead.

Smith was almost immediately charged with Second Degree Child Abuse, which is a felony in Michigan punishable by up to ten years in prison for first offenses, and up to twenty years in prison for all second and subsequent convictions. However, what the media hasn’t mentioned yat, despite the fact that it’s practically inevitable, is CPS involvement in Smith’s custody of his 7-year-old son.

CPS investigates every instance where abuse or neglect is alleged

Whenever a child in Michigan dies as a result of parental negligence or abuse, CPS steps in to investigate whether the remaining children are at risk. In almost every case, the answer they decide on is “yes” and the other children are removed from their parent’s care. In this case, we would be surprised if CPS didn’t step in and petition the court to have Smith’s older son placed in foster care.

At The Kronzek Firm, our mission is to defend parents from allegations which can cost them their parental rights or their freedom. If you are being accused of failure to protect your children, you should take advantage of our offer for a free initial consultation.  You can call us at 866-346-5879.  We have highly skilled attorneys on call to take your call 24/7.