Category: Michigan Law
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What Michigan Judges Consider at a Termination of Parental Rights Hearing: A Guide for Families in Lansing and Surrounding Counties
When a termination of parental rights (TPR) hearing takes place in a Michigan court, the judge’s decision can permanently sever the legal rights of a parent to their child. In places like Lansing, and across Mid-Michigan, these hearings are not taken lightly. Judges weigh numerous factors based on the best interests of the child when…
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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…
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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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“Faith-based Healing” Parents Defend Their Choices in Court
This case has been controversial from day one. It has brought on all sorts of arguments, from issues of religious freedom, to parenting rights, medical neglect, and child abuse. And what’s interesting is that all sides have made some valid points. But what remains an indisputable fact, regardless of anyone’s perspectives and beliefs, is that…
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Home Visit by CPS Judge Wasn’t Permissible Says Supreme Court!
A recent case has made headlines in Michigan, after an Otsego County Family Court Judge chose to visit the home of a family involved in a termination of parental rights case. His reason for stopping by? To see for himself how the family was handling the situation, and whether or not the prosecution’s claims…
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Can Kids Use Medical Marijuana in Michigan? (Part 1)
After the excitement following the legalization of medical marihuana (sometimes written as marijuana), 2014 ended with Michigan’s first medical marijuana child abuse case. Amy Renee Cunningham, a 31-year-old mother from Mesick village, chose to treat her sons with medical marijuana. The 10 and 12-year old allegedly suffered from emotional issues, and Cunningham said she prefered…
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What Does Michigan Law Say About Spanking? Part 2
In the introductory article in this two part series, we discussed the fact that spanking is not illegal in Michigan. We also looked at how corporal punishment differs from child abuse in the legal definition, and talked about some cases of Michigan parents who were charged, but not convicted, of child abuse after spanking their children.…
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Appeal Filed by Mom Who Got High While Pregnant
30-year-old Melissa Lee Jones is currently behind bars in the St. Joseph County Jail, having been convicted of First Degree Child Abuse. Ultimately she is assigned to serve out her time at Huron Valley Complex, a women’s prison, where there are a number of people incarcerated for exactly the same reason. But what is interesting…