Tag: Michigan CPS Defense
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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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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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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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Protecting Parental Rights: The Case for Family Miranda Laws in Michigan
As a dedicated Michigan CPS defense law firm, we strongly advocate for the adoption of “Family Miranda” type laws in Michigan, similar to the recent reforms in Texas. The new Texas child protection law mandates that caseworkers provide a “Notification of Rights” form to each parent or legal guardian under investigation in a child welfare…
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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…
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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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What Happens to My Child While I’m in Prison?
Parents who are or may be incarcerated both share a concern about what happens to their child while they are in jail and how their arrest may affect their parental rights. The main concern may be whether the parent’s new criminal record may influence CPS’s ability to take their children. The short answer is no.…