Children’s Protective Services Defense

As a parent or legal guardian child protection and welfare, are willingly assumed by you. This care also relates to having responsibility for a child’s health, safety, and security. Each state legislature has outlined a different set of regulations pertaining to the rights of families.

Michigan child protection laws go to great lengths in order to protect parents’ rights with CPS, relating to their children. Certain protections are in place to legally ensure you can provide security as the person responsible for the children in the home.

Accusations of Child Abuse in Michigan

However, those rights can be lifted in certain circumstances. A CPS investigation will take place to validate or disprove a parent being accused of child abuse or neglect via a violation of a child protection law. If the Family Service Agency of Michigan finds valid claims those protections can dissolve. These determinations are made by assessments from the Department of Health and Human Services, as well as Child Protection Services (CPS).

Any potential violations are normally reported to these agencies, often by neighbors, other families, members of the public, or other people in the community who may have witnessed what they thought to be inappropriate or insufficient care of a minor under your supervision.

An allegation like this is of great importance and should not be taken lightly by any parties involved in the matter whatsoever. The gravity of potential situations like this, entities like Child Protective Services, the Department of Health and Human Services, and the Department of Children and Family Services take child abuse in Michigan very seriously.

Investigations may include contacting via phone, in-person visits to your home, or establishing contact with your children or others in your life.

Facing CPS Investigation in Michigan

While the intention should always be to protect children from harm or danger, state entities and CPS workers often act quickly along with a sense of urgency that can create an even larger and more damaging sense of shock to children, parents, guardians, and anyone else involved.

In their haste and under the guise of serving and protecting, the Department of Children and Family Services, or Child Protective Services, will act quickly. Removal of the children from the care of parents or other adults if they seem to be unfit, unstable, or dangerous at the time of the initial assessment or home visit.

The urgency in which they act with their decisions may seem noble and dutiful at the moment. However, in the frenzy of trying to make rash decisions for families under pressure, these agencies often end up treating parents or other persons unfairly.

No matter the situation, your legal rights, not only as a parent or legal guardian but also as an individual citizen must be protected at all times by all parties. Keeping your rights protected throughout the process is of the utmost importance.

Fighting CPS in Flint, MI

When facing allegations of child abuse or neglect, your first thought may be how you will keep your family together. That feeling is valid, and know that the best and most effective way to move forward is by contacting child protection attorneys in Michigan, that are experienced in handling cases like yours.

As a lawyer with experience in both criminal defense and domestic relations law, Jodi L. Hemingway has the skills and knowledge to represent parents and other adults who have been accused of mistreating or neglecting children. Her firm, The Law Office of Jodi L. Hemingway, PLLC, helps parents defend their rights and protect their relationship with their children.

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Get The Legal Representation
You Need

If you are being investigated by CPS, or if CPS has initiated child protective proceedings, it is critical to enlist the services of a knowledgeable attorney who can advocate on your behalf. Prompt action is important.

Call 810-237-1200 or use the online contact form on this website to schedule a meeting.

Hemingway Legal

Protecting Your Parental Rights in Michigan

CPS must initiate an investigation within 24 hours of receiving a report of child abuse or neglect. It can coordinate an investigation with law enforcement officials or conduct its own investigation. In some cases, parents who are trying to cooperate with the authorities have their children removed from the home without due process.

If CPS feels its investigation reveals any evidence of abuse or neglect, it may require the family to participate in mandatory courses and request the family division of the local family court to take jurisdiction over the case. In cases, where it feels there is evidence of serious physical or sexual abuse, CPS may seek termination of parental rights. A hearing is scheduled, and a judge will determine whether this should occur.

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