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 that they witnessed a parent scream at their child, this is not actual abuse. Conversely, if someone makes a report that they witnessed a parent hitting their child, this is actual abuse. These investigations involve a series of steps designed to ensure the safety and well-being of children. It is beneficial to understand the investigation process if you have become the subject of one. To learn more about your rights and responsibilities during a CPS investigation, click here. Below is a brief guide on what happens during a CPS investigation and the potential outcomes that may result from it.
How a CPS Investigation Begins
CPS must begin an investigation within 24 hours of receiving a report of suspected child abuse or neglect. The entire process may be completed within 30 days; however, CPS frequently extends the deadline for various reasons. During the investigation, CPS may:
- Conduct in-person interviews with the child, caregiver(s), and alleged perpetrator(s).
- Conduct a home inspection.
- Review relevant documents such as police reports, medical records, school records, any previous CPS case files, etc.
- Speak with possible witnesses familiar with the family.
- Conduct a safety and risk assessment for the child.
- Evaluate the family’s strengths and needs.
What CPS Looks For
During the investigation, CPS considers several critical questions, including but not limited to:
- Are there alternative explanations for the alleged abuse or neglect?
- Is there corroborating evidence (e.g., injuries, witness statements, unsafe living conditions)?
- Are the child’s basic needs (food, shelter, clothing, supervision) being met?
- Is there evidence of emotional or mental abuse?
- Is a medical examination warranted?
- What is the child’s physical and emotional condition?
Possible Investigation Outcomes
After completing the investigation, CPS reviews their findings to determine whether there is a preponderance of evidence (greater than 50% chance) that abuse or neglect occurred. Then, the case is placed into one of the following categories:
- Category V: No evidence found or the family could not be located.
- Category IV: No abuse or neglect found, but voluntary services were offered.
- Category III: Abuse or neglect is found to have occurred, and the risk assessment indicates a low or moderate risk. Community services are recommended to the family.
- Category II: Abuse or neglect is found to have occurred, and the risk assessment indicates a high risk. CPS may petition for court action. CPS provides services along with community services. The perpetrator is listed on the Child Abuse and Neglect Central Registry.
- Category I: Abuse or neglect is found to have occurred, and CPS is required to file a petition for court action. CPS provides services along with community services. The perpetrator is listed on the Child Abuse and Neglect Central Registry.
If CPS has opened a case for you, consulting with an attorney can provide necessary guidance on the investigation process and disproving the allegations.
Court Involvement and Petitions
If the disposition is Category I and it is determined that action should be taken to protect the child, CPS must obtain a court order. CPS may petition the court to:
- Require the family to cooperate with services.
- Remove the perpetrator from the home.
- Terminate parental rights
- Remove the child from the home.
– CPS must first assess the caregiver’s willingness to cooperate and whether in-home services or other court orders could keep the child safe without removal.
When CPS Must File a Petition
Under Michigan law, CPS must file a court petition if CPS determines that there is a preponderance of evidence of abuse or neglect and any of the following apply:
- Sexual abuse or exploitation of the child.
- Severe physical injury (including death) due to abuse or neglect.
- Exposure to methamphetamine production.
- Criminal acts such as abandonment, criminal sexual conduct involving penetration, torture, life-threatening injuries, or attempted/murder of a child.
Termination of Parental Rights
CPS is required to request termination of parental rights if they determine that a parent is responsible for or fails to protect the child from severe abuse or neglect. Termination may also be pursued if the parent’s rights to another child were terminated due to abuse and neglect or the parent voluntarily gave up parental rights of another child due to abuse or neglect.
The decision to terminate parental rights is always made by the judge.
Consult with an Attorney
If CPS is investigating you, consulting with an attorney can protect your family and give you peace of mind throughout the investigation process. Having the guidance of an experienced attorney could positively impact the outcome of your case.
A Michigan CPS attorney can give you a clear picture of what you need to do and what to expect based on the specifics of your case. At The Kronzek Firm, one of our experienced attorneys can evaluate your specific circumstances and assist you by
- Explaining your rights and responsibilities
- Communicating with CPS on your behalf
- Challenging false allegations
- Navigating court proceedings
Our attorneys bring years of experience handling complex CPS issues, and our collective insight can help you achieve a positive outcome.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]