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 case. This form includes essential rights such as the right to not speak to an investigator without an attorney present or court order, the right to withhold consent for medical examinations or release of medical records, and the ability to record the child welfare interview through audio or video.
Before any investigative interview begins, this notice must be given to the parents. The policy requires individuals being interviewed to sign the “Notification of Rights” form. If they refuse, the caseworker will note this refusal before proceeding with questions. Additionally, child welfare workers must provide “A Guide to a Child Protective Investigation,” which outlines the investigative process.
A Bipartisan Reform Effort
The concept of “Family Miranda” laws, similar to the Miranda warning issued by law enforcement during many interrogations and arrests, has gained traction in reforming the child welfare system nationwide. Last September, Arizona adopted similar requirements for child welfare investigations. Although New York has faced challenges passing statewide legislation, New York City will soon pilot a program to enhance due process in specific neighborhoods by providing parents with palm-sized cards detailing their rights.
In Texas, this legislation was introduced by Republican state Rep. James Frank and co-authored by Reps. Gene Wu and Josey Garcia, both Democrats, along with Republican Rep. Candy Noble. This bipartisan effort aims to reform Texas’ foster care system, emphasizing family preservation. Similarly, Michigan law is clear that in most cases, the goal must be to preserve the family unit.
Over the past two years, Texas has enacted significant child welfare reforms. These include better documentation of reasons for removing a child, requiring those reporting suspected child abuse to provide their name and contact information, and strengthening legal representation for low-income families facing child welfare cases. Despite political differences, advocates from various states, including New York, are inspired by Texas’ progress and strive to replicate these reforms.
In an interview, Rep. Wu emphasized, “We aim to rebalance the system and make it fairer for parents. We try to avoid removing children who are not in real danger.” Similarly, Andrew Brown from the Texas Public Policy Foundation highlighted how Family Miranda legislation has united conservative and progressive advocates nationwide.
Our Michigan-based team of experienced CPS defense attorneys believes that Michigan should follow Texas’ example and adopt Family Miranda laws to ensure fairness and protect families’ rights during child protective investigations. This approach promotes transparency, accountability, and, ultimately, the best interests of children and families in Michigan.