CPS stands for Child Protective Services. In what way do you handle them? Do I have to deal with them? What are your rights against CPS?
In Michigan, when CPS knocks, one can always adopt the stance of refusing to open the door, adopting a posture of opposition. However, you also have the option of doing it with the court. With the cops, you are free to do that. Maybe you have never been willing to help. What punishment or effect would your lack of cooperation have, is the question.
Click here to watch the video on What Are Your Rights Against CPS in Michigan?
You have the freedom to decline an offer if you so choose. We live in a free society. But don’t assume there won’t be repercussions. They will assume that there is something going on there. You become unfit to be the parent of your child as a result. They will suggest something different when you are requesting custody of your child. They won’t let you touch that child anymore. Because you haven’t cooperated, they will now take action.
Have your house in order; that’s the better course of action. Take action as necessary. As much as they ask for, cooperate. The worst thing you can do is give the idea that what you’re actually doing is illegal when in fact it’s not.
What Is Child Protective Services?
The Children’s Protective Services (CPS) program is in charge of looking into claims of child maltreatment and neglect. The basis for what CPS must undertake is provided by the Michigan Child Protection Law.
Protecting children from maltreatment and neglect is the responsibility of child protective services. A child is abused when their health or well-being is harmed or threatened. It causes intentional mental or physical harm.
CPS or the police can receive a report from anybody, including a child, who has a good reason to believe a child is being mistreated or neglected. If another, impartial individual had the same experience or heard the same information, they would likely also have the same legitimate suspicions.
Why is Child Protective Service at My Door?
What scenario will most likely result in CPS showing up at your door? Are you currently going through an extremely contentious divorce? Are you married to a vengeful spouse? Is there a malicious parent with an axe to grind with you right now?
You may be wondering why someone, especially your soon-to-be ex, would manufacture or look for evidence against you. It’s possible you’ve come to the realization your ex doesn’t actually need to paint you as a monster in order to get a divorce.
Michigan allows “no-fault” divorces. You don’t need a valid reason for your partner to leave you or file for divorce. But a run-in with CPS can get you in trouble with your child custody case. A really vindictive spouse can use this to compromise your standing in court.
Some lawyers who have dealt with CPS in the past will tell you that the issues are not with CPS or its procedures. The problem is overly zealous social workers and officials who believe the guilt of the parents is the focus of complaints even before an inquiry has begun. Even the most compliant attorneys would advise you to maintain your distance if a well-intentioned social worker or investigator knocks on your home.
CPS social workers or agents that are overly aggressive frequently use intimidation. They take pleasure in throwing partners at odds. It fits with the “divide and conquers” style of investigation. Any threats made by CPS should not be taken seriously without seeking legal counsel, according to an attorney who has experience with such strategies.
What Are My Rights Against Child Protective Services?
Following the filing of a complaint or the reporting of alleged abuse, you may be questioned by a social worker or CPS representative. You should be fully aware of your rights in this situation. This is a compelling argument for you to contact legal counsel as soon as possible after speaking with CPS.
CPS will occasionally use the legal system to urge the judge to terminate a parent’s parental rights, even when that parent is doing everything possible to keep the family together.
When a CPS officer knocks on your door, they will act as though you are guilty and approach you in that manner. Because they frequently get anonymous tips, CPS agents are expected to investigate each lead as if it were solid information. You should therefore consider the complaint seriously.
You need to be informed of your legal rights in the context of the CPS investigation procedure.
[1] Unless CPS has a documented warrant or court order, you have the right to refuse to let them enter your house.
You may be told lies by CPS employees. They can even claim to be picking up your kids while being escorted by a police officer. But if they can’t show you a court warrant, don’t let them in.
There’s a reason why the 4th Amendment exists. No matter what the CPS representative tells you, the law is very specific in protecting you under these circumstances. If you let them into your home, you just ceded some of your most basic liberties.
[2] You have the choice of responding or not to CPS inquiries.
You are shielded against self-incrimination by the Constitution in all situations, not just those involving criminal accusations. However, open refusal to respond to the CPS investigator’s questions could result in problems down the road. By responding to the investigator’s questions with your own, such as “Why are my family or I the focus of a CPS investigation?”
[3] You have a right to complete information of the charges brought against you.
Although you are not legally entitled to know who has accused you, you have the right to access written documents and the findings of any investigations. The accusations leveled at you are something you have a right to know. They must provide any precise facts they require. CPS representatives frequently attempt to hide details by merely classifying incidents under vague terms like “abuse” or “neglect.” Your attorney will make use of this material to develop a strong defense.
[4] It is acceptable for you to keep records of everything.
It is completely legal to secretly record any conversation you are a part of in Michigan using a camera or an audio recorder.
If there is a recording of your interaction with the CPS agent, anything you say that is misinterpreted may be contested in court.
If a court order requires a CPS professional to speak with your child or children alone, make sure the conversation is recorded so you may later review it with your attorney. The paperwork can protect you and your family from overzealous CPS agents who could try to misinterpret what your youngster says.
[5] You are allowed to choose the lawyer you choose to represent you in court.
Since every person’s situation is unique, you should pick a lawyer to represent you while you attempt to reunite with your family and present your side of the story. Anything you discuss to your lawyer will remain private due to the protection of attorney-client privileges.
You won’t be given a court-appointed attorney when the CPS inquiry begins. If a petition is filed against you or your children in Michigan and you are unable to pay for one, you can qualify for a free one.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.