CPS stands for Child Protective Services. Due to the fact that they check into maltreatment, some lawyers adore them. Because of the extra demands they place on court procedures, some people despise them. What is the most effective strategy to handle CPS? Cooperating and working together with your attorney is the greatest strategy for handling CPS.
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You will eventually have to deal with CPS, however, you don’t want them to look into your case more thoroughly or to make recommendations that could weaken your case in court. The greatest thing you can do is speak with your attorney and get advice on how to deal with CPS.
The Truth About Child Protective Services
Protecting children from maltreatment and neglect is the responsibility of Child Protective Services or CPS. A child is a victim of abuse when their well-being or health is threatened or harmed. It is abuse if it causes intentional mental or physical harm. Neglecting a child means any or both of the following conditions:
[a] Not providing enough food, clothing, housing, or medical treatment for a child under your care.
[b] Putting a child in a situation where there is an unreasonable risk of injury when you should have known about the risk, could have protected the child, and did not.
CPS looks into cases of abuse and neglect committed by persons who are in charge of looking after children, such as parents or guardians. The police will look into the case if the individual suspected of abusing a kid is not a caregiver but rather someone else, such as a teacher or a member of the clergy.
If you’re one of those with very broad understanding of child abuse, we encourage to read our article, “What Is Considered Child Abuse In Michigan?” to get the legal definition of what constitute child abuse here in our Legal Blog.
To prevent, recognize, and treat child abuse and neglect, CPS will collaborate with families, law enforcement, the courts, and other organizations. As long as it’s in the child’s best interest, CPS must make an effort to keep families together.
If CPS receives a report of abuse or neglect, they have 24 hours to either begin an investigation or reject the complaint if they believe it is baseless. CPS will report extremely serious instances to the police, such as those involving sexual abuse or a child’s death.
Here’s some things parents will find dreadful. The thought and possibility of your child being taken away.
Children may occasionally be taken from their homes during an investigation. Children can only be taken from their homes by CPS with a judge’s order. When CPS takes children away, it frequently places them in foster care or temporarily with the other parent. A relative could provide foster care.
Without a court order, the police are permitted to take a child from their home. If a doctor thinks a child will be in danger at home, the hospital has the right to refuse to let them go with their parents. Although the hospital has this authority without a court order, it is only temporary and limited in scope.
A preliminary hearing must be held within 24 hours if there is an emergency removal while the investigation is ongoing.
CPS does not have the authority to compel you to comply with the majority of its directives before a case of abuse or neglect is brought to court. However, working with CPS is typically to your advantage. This includes responding to inquiries, offering supporting documentation, allowing CPS to investigate your house, and scheduling and participating in suggested services. These services could include groups for people struggling with addiction, parenting classes, or classes on managing the finances of your home.
Some of the things attorneys who have dealt with CPS in the past will tell you is that CPS and its protocols are not the issue. The issue is overzealous social workers and agents who presume parents subject of complaints to be guilty even before investigation starts. Even the most compliant attorneys will tell you that even with a well-meaning social worker or investigator on your door, you need to keep your distance.
Intimidation is a common method used by overzealous CPS social workers or agents. They also enjoy driving a wedge between partners. It’s congruent with the “divide and conquer” investigative approach. An attorney who has dealt with such tactics before will advise against heeding any threats made by CPS without first seeking legal advice.
Many parents have been found to comply with CPS requirements, including “necessary services.” These can include parenting courses or drug and alcohol rehab. Parental “non-cooperation” is used as the offense by CPS when a parent unavoidably skips a class or a session.
CPS goes via the legal system, sometimes even asking the judge to revoke the parent’s parental rights even though the parent was already exerting every effort to keep the family together.
You should be well aware of your rights in situations where a social worker or CPS agent is asking questions after a complaint was filed or an alleged abuse was reported. This is a good reason to call an attorney as soon as there is first contact with CPS.
It can be unsettling to have CPS visit your home. But it’s crucial to keep in mind that the great majority of CPS visits and that’s about 75% of cases, do not result in any form of action from the service.
Cooperate But Do Not compromise Your Rights
When a CPS officer knocks on your door, they will treat you as though you are guilty and proceed accordingly. CPS agents are obligated to follow up on every lead as though it were real because they frequently receive anonymous tips. You should therefore consider the accusation to be serious as well.
You need to know your rights in the context of the investigation process of CPS.
[1] You have the right to know the charges against you in detail.
Although you do not have a legal right to know who has accused you, you can request written records and investigative reports. You are entitled to know of the charges. CPS agents frequently attempt to hide facts and just give you broad categories, like “abuse” or “neglect,” instead. If you ask for specific information, they must provide it. Your lawyer will use this information to create a strong defense.
[2] You have the right not to respond to CPS questions.
This right shields you against self-incrimination in all circumstances, not just those involving criminal charges. However, completely refusing to answer the CPS investigator’s inquiries could cause you issues in the future. The best strategy is to react to the investigator’s inquiries with your own inquiries, such as “Why am I or my family the subject of a CPS investigation?”
[3] You have the right not to let CPS into your home unless they have a signed warrant or court order.
You may be told lies by CPS employees. They might claim to be coming to collect your children, and they might even be accompanied by a police officer. Don’t let them in, though, if they can’t provide you with a court order.
No matter what the CPS employee says, you are always entitled to protection under the 4th Amendment. You have just given up your constitutional rights if you let them inside your house.
You can demand they keep your children close to you. Demand they leave your home, but don’t intervene physically.
Recognize they might still enter despite that. Do not engage in confrontation in this situation or you will find yourself in jail. You can utilize this material in court though, if you make it known you are protesting.
[4] You have the right to have everything recorded.
Any conversation you are a part of can be covertly recorded or captured on video in Michigan with no problems.
Anything you say to the CPS agent that is misinterpreted can be refuted in court if you have a recording of your interview with the agent.
If a CPS representative needs to speak with your child or children alone pursuant to a court order, make sure the conversation is recorded so you may later examine it with your lawyer. You and your family can be protected by the documentation from overly sensitive CPS staff who might try to distort your child’s words.
[5] You have the right to employ an attorney to fight on your behalf.
Everyone’s situation is unique, therefore you need to engage an attorney to represent you as you give your side of the story and attempt to reunite your family. Under the protection of attorney-client privileges, anything you say to your lawyer will be kept private.
As soon as a CPS investigation starts, you won’t be given a court-appointed lawyer. When a petition is filed against you or concerning your children in Michigan, you may be eligible for a free attorney if you cannot afford one. You must also understand that some of these reports are coming from state mandated reporters.
When a case of child abuse is confirmed, there are specific procedures that mandated reporters, such as your doctor or pediatrician must follow. These are not standards set by their profession but mandates imposed by state statutes.
You should seriously think about the predicament you are putting yourself in before you consent to having your child examined for signs of abuse. Doctors or medical professionals are considered mandated reporters.
In Michigan, persons who have “reasonable cause to suspect” that child abuse or child neglect has occurred or is occurring and who are obligated to report to Centralized Intake, CPS at the DHHS, are known as mandatory reporters. In Michigan, there is a comprehensive list of people who must submit specific information as per statute.
The consequences in Michigan for failing to report child abuse and neglect as well as for filing false allegations can be uncomfortable, to put it mildly.
A mandated reporter who willfully ignores the reporting deadline commits a misdemeanor and is subject to any or all of the following penalties: a fine of no more than $500; a term of no more than 93 days in prison; or both.
What You Can Do When CPS Knocks At Your Door
As soon as you can, speak with your attorney. Of course, your attorney won’t always be around when CPS knocks on your door. In the unlikely event CPS does knock on your door and your attorney is not available via speed dial, you can do this.
You have nothing to lose being courteous to CPS officers.
Any tension or antagonism could be mistaken for guilt. When interacting with CPS officers, always maintain a polite and formal demeanor. Don’t let your rage or fear control how you deal with them.
Record the conversation if you know a social worker will visit your home.
If you cannot prevent the interview, make sure you can record the conversation between the social worker and your household. Your home cam or your mobile phone will be useful in this situation.
Gather the CPS officer’s details.
Ask for the CPS officer’s business card if they knock on your door. If you have the social worker’s contact information, your attorney can speak with them directly, which will make the process easier for you. Before speaking to your attorney, resist answering any questions, especially if the social worker is hostile toward you.
Request more information about the allegations made against you.
The CPS officer will not disclose any information about the complainant and as little as possible about the complaint but you have the right to know about them so ask. If you don’t ask, they are not obligated to volunteer information about the investigation.
Never confess to wrongdoing and say as little as you can.
You have the option to keep quiet. Saying as little as possible when a CPS officer knocks on your home is almost usually in your best interest. Parents frequently, and understandably, attempt to dispute the charges. The issue with this strategy is that CPS agents could misinterpret your remarks and utilize the data you supply to prove your guilt. The less you say, the better.
The CPS officer’s primary objective is to get you to confess to your guilt. Officers from CPS will consider trying to take the child from your household if you admit to even a minor fraction of the allegations made against you. Before giving your side of the story, make sure to contact your attorney.
Without a court order, refuse to let the social worker into your house and don’t allow the social worker to speak to your children by themselves.
A CPS officer can make an effort to persuade you to let them into your house. It’s crucial to keep in mind that unless the social worker has a warrant, you are under no obligation to let them inside. It is best to keep the CPS agent at a distance even if you are absolutely innocent. Keep your children close and make sure you verbally express to the CPS officer you want them close.
Make a list of reliable friends and family to vouch for you.
This is the best time to have your friends and close family vouch for you and provide you support.
Your attorney might wish to speak with character witnesses to get their opinions on things like your commitment to your kids or your parenting skills. In the event that your children are temporarily taken from your house, this list of relatives and friends can be useful. much preferable to a foster family you don’t know if CPS lets them stay with someone you can trust.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.