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 Interview a Child at School?

In Michigan, CPS may interview your child at school only under the following circumstances:

1. Parental Consent
   A parent with legal custody may give written or verbal consent for CPS to interview the child at school. This consent must be:
   
   • Voluntary (not obtained through threats or coercion),
     
   • Limited to a specific time and location,
     
   • Revocable at any time.
     
2. Consent from a parent who does not have legal custody is not sufficient. Also, giving consent once does not authorize ongoing interviews. You can place conditions on the interview, such as requiring a specific school staff member to be present or limiting its duration.
   
3. Court Order
   If CPS obtains a court order authorizing the interview, it may proceed without parental consent. However, the order must specifically name CPS as authorized. If an order was granted for law enforcement to conduct an interview, that does not give CPS authority.
   
4. Exigent Circumstances
   CPS may bypass consent or a court order if there is reasonable cause to believe that the child may suffer serious harm during the time it would take to obtain legal authority or parental consent. If the terms of the brief interview can be met, then CPS cannot use exigent circumstances. These are rare and must meet high legal thresholds.
   
5. Brief Interviews Based on Reasonable Suspicion
   CPS may conduct a brief school interview if they have reasonable suspicion that the child or a sibling is the victim of actual abuse or neglect or is at significant risk of abuse or neglect. This exception to parental consent applies to almost all situations where an investigation has been opened. It is the most common exception used by CPS since the burden is low. The interview must be:
   
   • Conducted in a neutral and private setting,
     
   • Conducted in an age-appropriate manner,

• The child also has the right to have a teacher or anyone they request present if they choose.

This does not apply where a child has been accused of a crime. In that situation, the child has the right to have an attorney present and not answer questions. 

Know Your Rights as a Parent

Michigan parents have legal rights during CPS investigations. These include:

• The right to be notified about any interviews CPS conducts with your child at school. CPS can notify you at the time of or as soon afterward as you can be reached. CPS may delay notifying you if it would compromise the safety of your children or the integrity of the investigation. (MCL 722.628(8)).
  
• The right to consult with an attorney before you speak with CPS.
  

For more information regarding CPS investigations, click here. For more information regarding your rights during a CPS investigation, click here. 

Consult a Michigan Family Law Attorney

If CPS contacts your child or requests an interview at school, speak with a Michigan family law attorney right away. At The Kronzek Firm, our experienced CPS defense attorneys are here to help you protect your parental rights and your child’s well-being. One of our experienced attorneys can evaluate your specific circumstances and assist you by:

• Explaining your rights and responsibilities
• Communicating with CPS on your behalf
• Challenging false allegations
• Navigating court proceedings

Our attorneys bring years of experience handling complex CPS issues, and our collective insight can help you achieve a positive outcome.

📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]