Someone has accused you, or someone you love, of abusing a child. You are absolutely stunned. Horrified. Heart-broken. You have no idea what to do, or what happen next. We can help you with both of those concerns. As to what you should do next, the answer is call us immediately at 866 766 5245 and speak to an attorney with decades of experience defending people against allegations of abuse! But the question about what happens after that phone call will take a little longer to explain. Here is a quick breakdown of the usual order of events:
Investigation: This is the first step. Allegations have been made that a child is being abused or neglected in some way and the Michigan Department of Health and Human Services will begin an investigation. Usually a CPS worker will interview the child to try and determine the truth. Also, the police are notified of the allegations and in many cases, depending on the severity of the allegations, they will also begin an investigation of their own.
Police and CPS investigations can have disastrous results, even for innocent people!
Sometimes it is determined that the allegations are unsubstantiated and charges are not brought. However, for many people, this is only the beginning, and there is a long road ahead.
Petition: After the investigation, if authorities believe that the allegations are justified, DHHS and the county prosecutor will file a petition with the Family Court. If a petition is filed, and if the child is removed from their parent’s home, the Family Court must hold a preliminary hearing within 24 hours to determine if the petition will be granted and what actions the court should take.
If DHHS believes that the allegations are justified, they will assign the case a category number – one being the most severe, and four being the least severe. A category one will usually result in parental rights being terminated, while in the case of a category four, CPS doesn’t file a petition and instead provides in home services and monitor progress.
Appointment of a lawyer: If a petition is granted in a child protective proceeding, the Family Court will then appoint a lawyer, called the “Guardian ad Litem”, for the child. This person is tasked with visiting, interviewing, and investigating the child’s situation. They make recommendations to the court based upon what they believe to be best for the child.
Temporary Jurisdiction: The court may also chose to temporarily place the child with either a relative or a foster parent during the proceedings until they have determined that the child is not at risk.
Join us next time, as we look at what the rest of the process involves, and what other obstacles you may be up against in this position. Until then, if you or a loved one have been accused of child abuse, you need expert help immediately! Don’t wait to save your life and the lives of your children. Call us now at 866 766 5245 and discuss your case with an experienced child abuse defense attorney. We are available to help 24 hours a day, 7 days a week to help you and your family protect your rights.