Category: Mandatory Reporting
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Does “Spare the Rod, Spoil the Child” Still Apply in Michigan? Understanding When Discipline Becomes Child Abuse
Disciplining Children Under Michigan Law: What Parents Need to Know In today’s legal landscape, physically disciplining a child can lead to serious consequences like criminal charges, CPS investigations, and even loss of parental rights. Michigan law allows parents to use reasonable physical discipline, but the line between discipline and abuse is razor-thin. What one parent…
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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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Michigan CPS and the Revocation of Parentage Act: Understanding Fathers’ Rights in Child Protective Proceedings
When Child Protective Services (CPS) files a petition in court, complicated questions about paternity often surface. Michigan law recognizes that the man legally identified as a child’s father may not be the biological father, and in child protection cases, this distinction matters. The Revocation of Parentage Act (ROPA) and the Juvenile Code sometimes overlap, creating…
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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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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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The Movement to Quickly Report Child Abuse … Are There Downsides?
Here in Michigan and nationally, there have been increased measures taken to protect children from neglect and abuse. Keeping children safe is of course a priority, but there is one growing consequence of this movement – falsely accused parents. Our team of experienced CPS defense attorneys sees increasing numbers of false accusations of child abuse…
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Michigan’s Newest Mandatory Reporters
There is growing concern right here in Michigan, and nationally, about unreported sexual abuse or neglect, specifically in children. In an effort to protect those victims, Michigan law will now make physical and occupational therapists and athletic trainers mandatory reporters of reasonably suspected child abuse or neglect. Michigan’s Child Protection Law designates certain professionals as…