Category: CPS Investigation
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Can CPS Take My Newborn Just Because of a Prior Termination?
In Michigan, the Department of Health and Human Services (DHHS) can petition to remove a newborn baby if a parent previously had their parental rights terminated to another child. However, the prior termination alone is not enough for the court to automatically remove the baby. CPS must still show, under Michigan law, that there is…
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Anticipatory Neglect in Michigan CPS Cases – When a Parent’s Past Impacts Future Rights
Michigan courts use the doctrine of anticipatory neglect to evaluate how a parent’s past conduct with one child may impact that parent’s rights to another child. It allows courts to look at a parent’s treatment of one child as evidence of how they may treat siblings, or even future children. What Is Anticipatory Neglect? If…
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How Michigan Handles Parenting Time Enforcement in CPS-Related Cases
Michigan law allows parents to actively enforce their parenting time orders, even when CPS has temporary wardship over a child or places the child in foster care. If you are facing this type of issue, you must contact an experienced Michigan CPS defense attorney as soon as possible. A Children’s Protective Services attorney can advise…
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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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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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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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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 neglect finding. What…
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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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Can CPS Interview My Child at School in Michigan? What Parents Need to Know
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…
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What to Expect During a CPS Home Visit in Michigan
If a report has been made against you to Michigan Child Protective Services (CPS), it’s normal to feel anxious or overwhelmed. A CPS investigation can be incredibly intrusive and emotionally draining, especially when you’re not sure what to expect. When there is a report of child abuse or neglect, Michigan CPS normally begins an investigation…