Category Archives: CPS

9-year-old Caught Driving Intoxicated Dad To Store

From freep.com

A Brownstown Township father is accused of having his 9-year-old daughter drive him to the store after he had apparently been drinking.

Shawn Weimer, 39, was arrested after officers pulled over the pair on King Road near Dean in Brownstown Township at 2:46 a.m. Oct. 8, according to Brownstown Township Police.

His daughter was sitting behind the wheel in a child’s booster seat when an officer opened the driver’s side door of the full-sized panel van that Weimer uses for work, Detective Lt. Robert Grant said today.

Another driver called police after spotting the pair stopped at a gas station at Telegraph and West. The caller watched the little girl get in the driver’s seat and pull the vehicle out onto West Road. The caller then followed the van until police could catch up, Grant said.

“She’s like 7 years old, driving,” the caller told the 911 dispatcher, estimating the age of the 9-year-old girl, and chuckling on the tape released today by Brownstown Township Police. “Oops, she’s got her turn signal on and she’s turning right on Beech Daly.”

“Are you sure the child’s driving, sir?” the dispatcher asked.

“Yes,” he replied. “The guy at the gas station couldn’t believe it, either.”

The dispatcher asked the man to put on his four-way flashers as he was following the child driving on West, approaching King Road.

“She’s driving pretty good, I’m telling ya. I can’t believe it,” the man told the dispatcher.

Read the rest of the story and listen to the 911 call here

If you have been charged with drunk driving call Dan Ambrose at 248-624-5500

www.ambroseduiattorney.com

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All You Need To Know About Michigan’s Child Abuse And Neglect Central Registry

When CPS does an investigation the outcome of their investigation falls into 1 of 5 categories:

  • Category I-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and a court petition is needed and/or required. Services must be provided by CPS (or foster care), in conjunction with community-based services.
  • Category II-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and the risk assessment indicates a high or intensive risk. Services must be provided by CPS, in conjunction with community-based services.
  • Category III-Cases in which the department determines that there is a preponderance of evidence of child abuse or neglect and the risk assessment indicates a low or moderate risk. A referral to community-based services must be made by CPS
  • Category IV-Cases in which a preponderance of evidence of child abuse or neglect is not found. The department must assist the child’s family in voluntarily participating in community-based services commensurate with risk level determined by the risk assessment (structured decision making tool)
  • Category V-Cases in which CPS is unable to locate the family, no evidence of child abuse or neglect is found or the court declines to issue an order requiring family cooperation during the investigation

Category I and II cases are considered the most severe. If a case is placed in the level I or II category the perpetrator’s name will be added to the CPS Child Abuse and Neglect Central Registry List.

If your name has been placed on this list CPS is required to notify you. This written notification will include,

  • Information on the individual’s right to review the case record.
  • Information on the individual’s right to appeal the decision to place their name on the Central Registry.
  • Instructions on how to file an appeal.
You have the right to be notified that  your name is being listed on the Central Registry, who can view your name and why you are being listed.

Being listed can prevent you from adopting a child, licensing a daycare center or even working at a school.

The Central Registry is a document that is internal to the government and not available to the public, however there are a few people who do have access to it. The following is a list of some of these people:

  • A physician treating a child suspected to have been abused or neglected
  • Law enforcement or a child protective agency investigating a report of known or suspected child abuse or neglect
  • The person listed as the perpetrator of child abuse or neglect
  • The victim of child abuse or neglect, so long as that victim is an adult
  • A court or grand jury, when the information is necessary to decide an issue
  • An adoption agency or foster care placement agency

If you are currently listed on the Michigan Central Registry and would like to be removed, you may request the Michigan Department of Human Services amend an inaccurate CPS report or record. You may also request that the Michigan Department of Human Services expunge your record, meaning they remove your name and the evidence against you from the Central Registry if they find that it is in the best interest of the child to do so. If the Michigan Department of Human Services refuses your request for amendment or expungement, or fails to act within 30 days of your request, they must hold a hearing regarding the proposed amendment or expungement. You may also appeal their decision if you do not agree with it.

For more information on Michigan’s CPS read our article ALL YOU NEED TO KNOW ABOUT MICHIGAN’S CPS 

If you would like assistance in removing your name from Michigan’s Central Registry contact Aida Spahic at (248) 624-5500
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Botox Mom Case A Hoax But CPS still involved

The California woman who said she injected her 8-year-old daughter with botox is once again making headlines, saying the entire story was fabricated.

A week after California Child Protective Services reportedly took the girl out of her home, Sheena Upton told TMZ that she made up the story in return for compensation. Her daughter has been returned to her under supervised custody, according to the Associated Press.

ABC News has learned that child protective services is still actively investigating the case.

Read the full story here

Bloggers, newscasters and psychologist’s have been debated whether CPS should stay involved now that the mother has revealed the whole story was a lie. Most seem to agree that whether the Botox allegations were true or not the home situation for the girl might not be safe for now. The mother coaxed the daughter into going along with the fraudulent story and had her pose for fake injection photos. 

Do you think the mother should lose custody of her daughter?

If you have a question about Michigan’s CPS read our blog  here or call us at 248-624-5500

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Cases of parents driving drunk underreported

From detnews.com

Southfield— Motorists accused of driving drunk with children in the car, like the Southfield woman whose daughter passed a note in February to a bank teller seeking help, have drawn attention to what authorities say is an underreported problem that puts hundreds of kids at risk every year in Michigan.

Child endangerment charges can be levied when an impaired person drives with a child under age 16. But because the young victims are often either unaware or incapable of knowing what’s happening, or reluctant or too fearful to report it, most cases never lead to arrests. Even the state Department of Human Services can’t say how often reported offenses occur across Michigan.

Prosecutors, police and child advocates agree any estimate of child endangerment is low because the crime is so underreported.

“I’m surprised we haven’t been presented with more this year, since this is more frequent than people think,” said Wayne County Prosecutor Kym Worthy, with 31 cases reported this year, compared to 107 in 2010 and 92 in 2009.

In Oakland County, there were 95 child endangerment cases in 2010, up from 67 in 2009.

“These are not cases where someone has just had a glass of wine with dinner and made the mistake of driving,” said Oakland Prosecutor Jessica Cooper. “These are people who have decided to drive while drunk on other occasions or on drugs. Some of the blood-alcohol content (BAC) levels are very high: like .17 and .24.”

A driver is considered intoxicated with a .08 blood-alcohol level.

In Macomb County, case tracking software doesn’t enable prosecutors to compile statistics on specific charges, but “we do not, as a matter of policy, reduce charges on cases involving child abuse or endangerment,” said Prosecutor Eric Smith.

“The heartbreaking facts of cases show us all too clearly that law enforcement’s first duty is to protect those who cannot protect themselves,” he said.

Latanya Evans, 49, is facing charges related to the February incident in which she allegedly left her daughter at a Southfield bank. Police say the girl passed a note to a teller saying her mom was drunk and refused to get back in the car. Her daughter has been placed in the temporary custody of her father. Evans, who admits she had had an ongoing drinking problem for nine years, could lose custody of her daughter. It was her third child endangerment case dating back to an April 2005 conviction. She is also charged with driving on a suspended license.

Oakland County’s 95 cases in the past year reveal more than 100 children were placed at risk in 30 known communities. And defendants in such cases were about equally split by gender, 49 men and 46 women.

Many are repeat offenders of both child endangerment and drunken-driving laws. Some were arrested for being high on drugs such as marijuana, morphine, oxycodone and other substances.

Police say some child endangerment cases are filed but later dismissed for other offenses, such as a recent Auburn Hills case in which a 3-year-old girl was found unsupervised inside the Great Lakes Crossing Outlets. Her father was found passed out in the parking lot, where he had gone to “charge his cell phone.” The child was returned to the custody of his estranged wife and he was charged with marijuana possession.

First offenders likely face fines, a few days in jail and probation, along with license suspensions, but can be sentenced to a year in jail. Repeat offenders could be looking at steeper sentences and fines.

Mothers Against Drunk Driving views it as a form of child abuse, MADD state director Janette Kolodge said.

“MADD supports the enhancement of sanctions against convicted drunk drivers when the offender was driving with a minor child in the vehicle,” Kolodge said. Kolodge quoted MADD national statistics that underscore potentially deadly damage such drivers can cause. In 2004, for example, 442 children died nationally in alcohol-related crashes; about half of these children — 220 — were riding with an impaired driver.

Nearly 35 percent of the 95 Oakland cases are scofflaws, like Evans, their licenses revoked by the state because of driving offenses. One even provided police with a forged drivers’ license.

Oak Park topped all Oakland County communities with 13 child endangerment reports this past year, followed by Troy with seven and Auburn Hills, Pontiac, Southfield with six each.

“I don’t know why we have more,” Oak Park Police Lt. Mike Pousak said. “It’s not like we have a special detail out looking for drivers endangering their children. But our officers are trained to stop motorists whose driving raises suspicions. And when children are at risk, they move to remove that risk.”

Pousak recalled one woman who was arrested twice for child endangerment within a few weeks in October and November of 2009.

In both cases the woman was found slumped unconscious behind the steering wheel, the car engine running and transmission in drive with her foot pressed down on the brake. In one case, she blacked out at an intersection; in another, on a resident’s front lawn where her car ended up. In both cases, her son was in a child’s seat in the rear seat.

Oak Park officers typically arrest such drivers, place the child with a responsible sober relative while the parent is in custody, and report the incident to Child Protective Services.

“We take drunk drivers off the street all the time,” Pousak said. “The only difference is these are drunk drivers putting children at risk. Adults endangering children are looking at more than a 93-day misdemeanor they face for driving drunk by themselves.”

A first offense for child endangerment in Michigan is a misdemeanor with fines of $200 to $1,000 plus court costs and 5 days to 1 year in jail.
A second offense of child endangerment within 7 years or three within 10 years is a felony. Fines are $500-$5,000 plus court costs and 12-60 months imprisonment and 30 days to 1 year with community service; or probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service.

If you have questions about a CPS or drunk driving case call Ambrose Law Group at 248-624-5500

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All You Need to Know about Michigan’s CPS-Child Protective Services

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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