WHAT IS CPS?
CPS- Michigan’s Children’s Protective Services consists of investigators as well as ongoing workers. Investigators investigate allegations of child abuse and neglect. Allegations can also consist of medical neglect, failure to protect, sexual abuse, improper supervision, child endangerment and death of a child. Ongoing workers provide services to families that have been found guilty of any of those charges. Services will be offered to the family in order to ensure the the safety of the children and to keep them in their homes.
CAN ANYONE MAKE A COMPLAINT TO CPS?
Anyone can contact their local DHS office and make a CPS complaint. The referral source can stay anonymous or give out their name and address. If the RS gives this information they will receive a notification letter to inform them of the outcome of the investigation. CPS can not disclose the referral source.
WHAT IF A FALSE COMPLAINT IS MADE AGAINST MY FAMILY?
If a false complaint is made the referral source can be prosecuted with the assistance of the prosecutor and/or an attorney.
WHO DOES CPS INVESTIGATE?
A parent, caregiver, or guardian that is 18 years or older.
Often siblings will harm each other in the family home. If siblings are under 18 years of age an investigation may be conducted if there are “failure to protect” issues by the parents.
CAN I FIND OUT WHO CALLED CPS ON ME?
Only a judge can order the CPS worker to disclose the referral source. Again, assistance by an attorney will be needed.
CAN CPS SPEAK TO MY CHILDREN WITHOUT MY KNOWLEDGE?
CPS can interview children without the parent knowing. Most often interviews are conducted at the schools. CPS must inform the parents after the interviews are conducted. Schools must fully cooperate and give CPS access to the children.
CAN I SPANK MY KIDS?
Parents can spank their children but they can not leave marks or bruises.
WHAT IS PHYSICAL ABUSE?
CPS considers it physical abuse when marks, bruises, welts, burns, broken bones, and serious injuries are inflicted by the parent or caregiver.
WHEN CAN I LEAVE MY KIDS ALONE AT HOME?
CPS will investigate children 10 years and younger if they are home alone. Exceptions can be made based on the child’s mental and physical capacities as well as the amount of time left alone. Parents should always leave safety precautions and phone numbers available to the child.
WHAT IS CENTRAL REGISTRY?
Central registry is a child abuse registry. Parents that are found guilty of abuse and considered high risk will be placed on this registry for life. This can prevent parents from getting employment and attending school functions.
DO I NEED AN ATTORNEY IF CPS COMES TO MY DOOR?
Most often you do not need an attorney. However, if the allegations reach a criminal level it would be in your best interest to obtain one. Allegations may consist of serious physical abuse, sexual abuse or any other allegation that may place you on central registry.
It is also in your best interest to obtain an attorney if CPS court proceedings are scheduled or if you would like to be taken off central registry.
SHOULD I COOPERATE WITH CPS?
In most cases parents should cooperate with CPS. If the allegations are serious you should seek out legal counsel immediately.
CAN CPS REMOVE MY CHILDREN WITHOUT A TRIAL?
CPS can seek out a court order for removal prior to any hearings if the safety of the children are at risk. Court proceedings immediately follow and parents are given the opportunity to obtain their own attorney or be appointed one. The children are also given a guardian at litem to represent them.
CPS is suppose to hold TDM (team decision making meetings) prior to removal to discuss removal issues and placement of the children. Parents can bring their attorneys to these meetings and this is recommended for the best outcome possible for the parent.
If you need help with a Michigan CPS case contact Aida Spahic
Aida@ambroselawgroup.com or call 248-624-5500
or visit our website for more info www.ambroselawgroup.com
If you have questions about Michigan’s Child Abuse and Neglect Central Registry you can find more info here
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