Category: Removal From Home
-
The Hidden Crisis: Mortality Rates Among Former Foster Youth in Michigan
Michigan’s foster care system is designed to protect children from harm and provide stability when their families cannot. Growing research shows children in foster care face significantly higher risks of poor health and premature death. A Swedish longitudinal study found that individuals who had been in foster care were four times more likely to die…
-
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…
-
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…
-
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…
-
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.…
-
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…
-
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…
-
Guardianship in Michigan: Attorney Brandy Thompson Explains
When CPS becomes involved, speaking with an experienced attorney who understands your options is crucial. Consulting with an experienced CPS attorney is the best way to know which options are best for you, based on your circumstances. In this blog, we’ll explore the option of guardianship in Michigan child welfare cases, including cases in Ingham…
-
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…
-
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…