Category: Uncategorized
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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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Challenging Placement on the Michigan CPS Central Registry: How to Remove Your Name
The Michigan Department of Health and Human Services (DHHS) maintains the Central Registry of Child Abuse and Neglect. It contains the names of individuals identified by Children’s Protective Services as perpetrators in confirmed cases of abuse or neglect, sexual abuse, medical neglect, educational neglect, sexual exploitation, or unexplained physical harm involving a child. When DHHS…
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The Role of a Lawyer-Guardian Ad Litem in Michigan Child Protective Cases
When Children’s Protective Services (CPS) files a petition in Michigan’s family courts, the stakes are incredibly high. Parents may be facing allegations of abuse or neglect, and children may be removed from their homes. In a worst-case scenario, the court can terminate parental rights. To ensure that children have a voice and that their best…
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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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Michigan CPS Removal of a Child and What to Do
In Michigan, Child Protective Services (CPS) is not supposed to remove a child from their home unless an investigation reveals exigent circumstances or an immediate risk of abuse or neglect. To have exigent circumstances, CPS would need to believe that abuse or neglect is occurring based on the information they have and that the child…
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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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CPS Came Knocking At Your Door. Don’t Panic!
All Michigan parents know the difficulties faced when getting your child out the door in the morning to go to school. Every parent knows that early bedtimes when the kids are sick can take forever. Every mom and dad has struggled to make it to soccer practice on time. Imagine being in one of these…
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How Long Can A CPS Investigation Be Open?
Children’s Protective Services, or CPS, cannot remove a child in the State of Michigan without a court order unless there are emergency circumstances. In those cases, a police officer must be present for the removal and a hearing must be held within 24 hours of the removal. As an internal policy, a CPS investigation…
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Should Abused Children be Held Responsible For Their Actions When They Harm Others? (Pt 2)
Welcome back and thanks for joining us for this two part series on whether or not a victim of abuse should be held accountable for the abuse they inflict on others. If you read the previous article, you know that in most cases, children who are abused do not go on to become violent. In…
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What Mandatory Reporters Really Want: Foster Care or Rehabilitative Services
The idea of mandatory reporting is one we’ve discussed here on our CPS defense blog many times in the past. We’ve talked about what it is, who they are, and what the law has to say about it. We’ve even discussed whether or not people should be forced by law to report suspected child abuse…