Category: Michigan Law
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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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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 A recent unpublished Michigan Court of Appeals decision highlights the importance of those rights and the legal obligations of the courts and DHHS to protect them.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…
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Understanding Your Rights During a CPS Investigation in Michigan
Becoming the subject of a Child Protective Services (CPS) investigation can be very overwhelming for families. Knowing the process of a CPS investigation, what your rights are, and what you should do during an investigation can help ease the stress and could make a substantial difference in the outcome of the investigation. What Does CPS…
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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…