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 is at imminent risk of harm unless removed from the home immediately. To remove the child immediately, a police officer must be present. In those circumstances, CPS would be able to remove the child from the home immediately. CPS would then need to file the petition with the court to explain that decision and ask the judge to agree with the removal. The hearing has to be held within 24 hours, excluding Sundays and holidays. Alternatively, in the absence of exigent circumstances of abuse or neglect, CPS cannot remove the child immediately. They must petition the court for an order to do so. This hearing must also be held within 24 hours, excluding Sundays and holidays.
In both circumstances, CPS is required to give you notice of the hearing, and you are entitled to participate. The best course of action when you receive notice is to call an attorney. An attorney can help you dispute any allegations of harm to your child at the hearing on the petition. Alternatively, if that order has already been given and your child has been removed, it’s critical to act fast and seek guidance from an experienced CPS attorney.
The Removal Process
At a removal hearing in either situation, the judge will review the findings from the CPS investigation and/or the exigent circumstances that led to immediate removal, if applicable. The judge will then decide whether the child should be removed or not returned pending further proceedings under MCR 3.965. Additionally, the judge will appoint a Guardian ad Litem (GAL) to represent your child’s best interests. During this process, you have the right to legal representation. If you cannot afford an attorney, you can ask the court to appoint one. You have the right to retain an attorney yourself if you prefer. These hearings are a vital opportunity to defend against the allegations made and request that your child remain with you.
If the judge decides to remove your child, you can request that a relative be allowed to take temporary custody. Michigan law encourages placing children with relatives when safe and appropriate (MCL 722.954a), so you should ask your family members if they would be willing to help as soon as possible.
Additionally, CPS must demonstrate that reasonable efforts were made to prevent the child’s removal or to reunify the family (MCL 712A.19a). These may include voluntary services, safety plans, substance abuse treatment, or support from extended family. If you feel CPS did not make these efforts, did not give you notice of the removal hearing, and/or wrongfully petitioned to remove your child from your care, an attorney can raise those issues in court.
Consult With an Attorney
At The Kronzek Firm, we understand that the stakes in these cases are high. If CPS is petitioning to remove your child or has already done so, don’t wait to contact an attorney. Our experienced attorneys are here to defend you and your family. We handle a variety of family law cases, such as:
- Explaining your rights and responsibilities
- Communicating with CPS on your behalf
- Challenging false allegations
- Navigating court proceedings
Contact our office today at 1-800-KRONZEK for a consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]