Category: Help For Families
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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 A recent unpublished Michigan Court of Appeals decision highlights the importance of those rights and the legal obligations of the courts and DHHS to protect them.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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Protecting Parental Rights: The Case for Family Miranda Laws in Michigan
As a dedicated Michigan CPS defense law firm, we strongly advocate for the adoption of “Family Miranda” type laws in Michigan, similar to the recent reforms in Texas. The new Texas child protection law mandates that caseworkers provide a “Notification of Rights” form to each parent or legal guardian under investigation in a child welfare…
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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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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…
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Strengthening Tribal Families Act: Safeguarding Native Children and Cultures
The Strengthening Tribal Families Act of 2023 is a significant legislative step toward protecting Native American children and preserving their cultural heritage. Introduced in the 118th Congress, this bill aims to enhance compliance of Children’s Protective Services with the Indian Child Welfare Act of 1978 (ICWA), which establishes federal standards for the removal and placement of Indian children…
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Michigan Leads the Way in Kinship Care: A Breakthrough for Our Families and Child Protection
In a groundbreaking move, Michigan has become the first state to implement a new rule transforming kinship care practices. This rule permits states to develop an alternative path for approving kinship caregivers while receiving federal money to support these placements. Let’s delve into the details of this significant development. The Kinship Care Revolution Prominent child welfare researcher Mark Testa aptly described it as…
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Domestic Violence Victims Need to Know Their Rights When CPS Shows up!
For victims of domestic violence, daily life can be full of fear, uncertainty and pain. They never know when the next attack will come. They walk on eggshells, afraid of being assaulted, afraid to leave, and afraid of what the future holds. But more than anything, they fear for their children. They try to keep…
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CPS Defense Attorneys Need to be Willing to Fight!
Obviously, every attorney representing a client and hoping for the best possible outcome in that case needs to fight. It’s what attorneys do. But when it comes to CPS, it’s a different battle ground, and there are different rules. And unfortunately, given the rather depressing history that CPS has with the court – where for…