Tag: Child Welfare System
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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…
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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…
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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…
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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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Understanding the CPS Investigation Process in Michigan
The Michigan Department of Health and Human Services (MDHHS) is responsible for opening a Child Protective Services (CPS) investigation when a report of child abuse or neglect is made. CPS will only open an investigation if the report includes an allegation of actual abuse or neglect, not suspected. For example, if someone makes a report…
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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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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…