Child Protective Services Defense FAQs
Can CPS Come Into My Home?
If Children’s Protective Services (CPS) is investigating allegations of child abuse or neglect, many parents understandably wonder whether CPS can legally enter their home.
In Michigan, CPS generally has three ways to lawfully enter a residence during an investigation.
1. CPS Has a Court Order or Warrant
The first way CPS may enter a home is with a court order or warrant supported by sufficient legal grounds.
If a judge authorizes CPS to enter your home as part of a child protective investigation, you should comply with the order.
If CPS arrives with a warrant or court order:
- Remain calm and polite.
- Do not interfere with the execution of the order.
- Avoid making statements regarding the allegations.
- Request legal counsel immediately.
Anything you say during a CPS investigation may later be used in court proceedings.
2. Emergency Circumstances Exist
The second circumstance involves an emergency situation.
When CPS or law enforcement reasonably believes a child faces an immediate risk of serious harm, entry may occur without first obtaining a warrant.
These situations are highly fact-specific and typically involve allegations of immediate danger to a child.
If CPS enters under claimed emergency circumstances, you should remain respectful but avoid making statements until you have consulted with an attorney.
3. You Give CPS Permission to Enter
The third and most common method is consent.
If you voluntarily allow a CPS worker into your home, they generally do not need a warrant or court order.
Many CPS investigations begin when a worker asks permission to enter and inspect the residence.
If CPS does not have a warrant, court order, or emergency basis for entry, you generally have the right to decline consent.
If you choose not to allow entry:
- Remain polite and respectful.
- Do not argue with the investigator.
- Clearly state that you do not consent to entry.
- Contact an experienced Michigan CPS attorney immediately.
Investigators may advise you that they will seek a court order if consent is refused. Whether a court order is ultimately issued depends upon the facts of the case and applicable legal standards.
Protecting Your Rights During a CPS Investigation
A CPS investigation can quickly become overwhelming.
Statements made to CPS workers, law enforcement officers, medical professionals, and other investigators may later become evidence in court proceedings.
For that reason, many parents choose to consult with legal counsel before answering detailed questions regarding allegations of abuse or neglect.
The Kronzek Firm has represented Michigan families in CPS investigations, abuse cases, neglect proceedings, and parental rights matters for decades.
Legal Guardian ad Litem (LGAL) in Michigan CPS Cases
In Michigan child protective proceedings, the court typically appoints a Legal Guardian ad Litem (LGAL) to represent the child’s best interests.
Many parents have questions about the role of the LGAL and how that person participates in a CPS case.
Who Appoints the LGAL?
The court appoints the Legal Guardian ad Litem.
The judge generally selects the attorney who will serve in that role.
What Does an LGAL Do?
An LGAL is a licensed attorney appointed to represent the child’s best interests throughout the child protective proceeding.
Typical responsibilities may include:
- Reviewing case records
- Meeting with the child
- Maintaining ongoing contact with the child
- Participating in hearings
- Conducting an independent investigation
- Interviewing relevant individuals
- Making recommendations to the court
The LGAL is generally involved throughout the duration of the case.
Who Does the LGAL Represent?
The LGAL represents the child’s best interests—not the parents, CPS, foster parents, or other parties.
Some parents feel that LGAL recommendations frequently align with CPS recommendations. However, the LGAL’s legal obligation is to independently advocate for what the LGAL believes serves the child’s best interests based upon the facts and circumstances of the case.
What Happens if the Child and the LGAL Disagree?
Children may sometimes disagree with the LGAL regarding what outcome would be best.
When a significant conflict exists, the LGAL may be required to inform the court.
Depending upon the child’s age, maturity, and circumstances, the court may determine whether additional representation is appropriate.
Can the Child Remove the LGAL?
Generally, no.
The LGAL serves by appointment of the court and remains involved until:
- The court dismisses the appointment;
- The case concludes; or
- A substitute LGAL is appointed.
Are Conversations Between the Child and the LGAL Confidential?
Generally, communications between a child and an LGAL are protected by attorney-client confidentiality principles.
Specific exceptions and limitations may apply depending upon the circumstances of the case.
Does the Child Have to Pay for the LGAL?
Michigan courts may assess LGAL fees and costs against a parent, guardian, estate, or other responsible party as permitted by law.
The specific allocation of costs depends upon the circumstances of the case and the court’s orders.
What Is a Guardian ad Litem (GAL)?
A Guardian ad Litem (GAL) differs from a Legal Guardian ad Litem.
A GAL may be appointed when the court believes additional representation or advocacy is necessary to protect the child’s welfare.
A GAL may:
- Review court filings
- Receive copies of pleadings and orders
- Consult with the child
- Provide information to the court
The court may assess costs associated with GAL services as authorized by law.
What Is a Court-Appointed Special Advocate (CASA)?
A Court-Appointed Special Advocate (CASA) is a trained volunteer appointed by some courts to assist in representing a child’s interests.
CASAs often:
- Meet with children
- Gather information
- Monitor case progress
- Provide recommendations to the court
Unlike many GAL or LGAL appointments, CASA volunteers typically serve without compensation.
Not every Michigan court utilizes CASA programs.
Speak With a Michigan CPS Defense Attorney
If you are facing:
- A CPS investigation
- Child abuse allegations
- Child neglect allegations
- A petition seeking court involvement
- Termination of parental rights proceedings
- Restrictions on contact with your child
You should seek experienced legal representation immediately.
The Kronzek Firm’s Michigan CPS defense attorneys have decades of experience representing parents and families throughout the State of Michigan.
If CPS, law enforcement, hospital personnel, or court officials have become involved in your family, contact our office as soon as possible.
Call The Kronzek Firm at (866) 346-5879 for a confidential consultation.