Category: Child Welfare System
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Religious Exemptions and Medical Neglect in Michigan CPS Cases
When Child Protective Services (CPS) gets involved in a case alleging medical neglect, Michigan parents sometimes wonder how their religious beliefs will be treated under the law. MCL 722.634 recognizes that parents have the right to practice their religion, but it also sets clear limits on when that right protects against a finding of neglect.…
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Rights of Noncustodial Parents in Michigan CPS Cases – Involvement, Notice, and Participation
When Child Protective Services (CPS) becomes involved in a family’s life, the focus is often on the custodial parent. Noncustodial parents are often overlooked in CPS investigations and court proceedings. Whether you live in Michigan or anywhere in the state, understanding your rights as a noncustodial parent can be critical to protecting your relationship with…
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How to Terminate a Guardianship of a Minor Child in Michigan
In Michigan, guardianship gives a non-parent legal authority over a minor child. Guardianship of a minor child can be established voluntarily, through a parent’s consent, or involuntarily by court order when a parent is unable to provide proper care. Guardianship is not necessarily permanent, and if you are seeking to end a guardianship, you should…
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Guardianship in Michigan: Attorney Brandy Thompson Explains
When CPS becomes involved, speaking with an experienced attorney who understands your options is crucial. Consulting with an experienced CPS attorney is the best way to know which options are best for you, based on your circumstances. In this blog, we’ll explore the option of guardianship in Michigan child welfare cases, including cases in Ingham…
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Neglectful Parent v. Incorrigible Child: What the decision in In Re D. V. Lange tells us
When a child’s mental health needs escalate, parents may face choosing between household safety and neglect allegations. Michigan courts are often asked to decide where that line is drawn—particularly when a parent has exhausted treatment options but still cannot safely bring a child home. The case discussed below addresses this exact dilemma and clarifies how…
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Permanency Planning Hearings in Michigan Child Welfare Cases
When a child is removed from the home due to abuse or neglect allegations, Michigan law requires the court to hold regular Permanency Planning Hearings. These hearings act as checkpoints to determine if steps are being made for the child to be able to return to the home. Working with an experienced attorney for these…
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Incarcerated Parents Still Have Rights: What the Marcusse Case Tells Us About MCR 2.004 in Michigan Child Welfare Law
When a parent is incarcerated during a child protective proceeding, Michigan law requires that they still be allowed the right to participate in the process. A recent unpublished Michigan Court of Appeals decision highlights the importance of those rights and the legal obligations of the courts and DHHS to protect them. In In re Marcusse…
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Understanding the Role of the Office of the Child Advocate in Michigan
Navigating the complexities of Michigan’s child welfare system can be daunting for families. The Office of the Child Advocate (OCA) plays a crucial role in ensuring children’s rights and well-being are upheld. This independent state agency is tasked to investigate complaints and make recommendations to improve Michigan’s child welfare (CPS) system. Investigating Complaints A complaint…
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Defending Against CPS Allegations of Shaken Baby Syndrome: Insights from the Michigan Supreme Court – People v. Lemons
Children’s Protective Services (CPS) cases can be extremely stressful and have life altering consequences for parents. When allegations of child abuse, such as Shaken Baby Syndrome (SBS), arise, the stakes are even higher. The Michigan Supreme Court case, People v. Lemons, provides valuable insights into defending against CPS allegations and accusations. This blog explores key…
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Empowering Michigan Families: The Need for Enhanced Education in Caregiver Rights Legislation
Here in Michigan, the well-being of children and the rights of parents and guardians are of utmost importance to all of us. As with other states, Michigan has legislation to address child abuse and neglect, influenced by federal funding mandates. This legislation must balance the state’s interest in child safety with Constitutionally mandated respect for…