An investigation by the Michigan Children’s Protective Services program (CPS) is nothing less than a fight for your family’s future. That’s why anyone facing a CPS investigation needs to contact a knowledgeable family law attorney immediately. Without a lawyer’s help, you could lose custody of your children, possibly for the rest of your life.
As an experienced criminal defense and family law attorney, Jodi L. Hemingway understands the personal, delicate nature of CPS investigations. This blog provides an overview of CPS investigations in Michigan and offers some tips on how to keep custody of your children. Whenever you’re ready, The Law Office of Jodi L. Hemingway, PLLC, is here to help.
The Basics of Michigan CPS Investigations
Once someone reports suspected child abuse to CPS, they must begin an investigation within 24 hours. Depending on the specifics of the allegation, they may refer the case to local police or open a joint investigation. Most of the time, they will interview the child or children in question. If the police or CPS officials do not find any evidence of abuse, they’ll close the investigation. But if they discover any abusive behavior, they’ll take immediate steps to address the situation.
CPS has a few options when it comes to addressing instances of child abuse. Sometimes, they might suggest helpful services for the family, though participation in these programs is voluntary. In other scenarios, CPS may require the family to engage in specific services aimed at addressing the issues that triggered the investigation.
In more severe cases, CPS might escalate matters by filing a petition with the family division of the local county circuit court, requesting the court to take over. Once CPS submits a petition, a judge will decide whether there’s enough evidence to proceed with the case and whether to temporarily remove the children from the home. If the court decides to take jurisdiction, the process somewhat mirrors a criminal trial, where parents can admit to the allegations or opt for a jury trial.
Should the parents admit to the allegations or be found responsible at trial, the case moves to the dispositional phase. Here, the court decides the children’s immediate living arrangements, which could range from staying with their parents under certain conditions, living with relatives, or being placed in foster care. The goal is always to reunify the family, if it is possible and if it is safe for the child, with CPS providing necessary services to address the issues at hand. However, if the allegations are particularly severe or the parents don’t engage with the provided services, CPS may pursue the termination of parental rights.
Tips for Handling a Michigan CPS Investigation
A CPS investigation is a stressful, scary situation, but try your best to stay calm during the process. Here are a few practical tips for handling a Michigan CPS investigation:
- Always stay calm and cooperative when interacting with CPS workers.
- Understand your rights. You have the right to know the allegations against you and have an attorney represent you.
- Speak to an attorney experienced in family law before making any statements to CPS.
- Document all interactions with CPS, including dates, times, the names of the workers you speak with, and the nature of your conversations.
- Follow any safety plans or agreements you make with CPS, but consult your attorney before signing anything.
- Attend all scheduled meetings and court hearings.
- Request copies of all documents related to the investigation for your records.
- If CPS recommends services, such as parenting classes or counseling, engage with them proactively.
Contact a Flint, MI CPS Defense Attorney Now
When your family’s future is at stake, you need a dedicated, knowledgeable ally to guide you through the legal maze. Attorney Jodi L. Hemingway has extensive experience with CPS investigations and can help you through this challenging time.
Call The Law Office of Jodi L. Hemingway, PLLC, today at (810) 237-1200 for a confidential consultation.
