Sexual, physical, or other forms of abuse are all quite severe accusations. It is advisable to have legal representation if you are getting ready for your first court appearance regarding allegations of child abuse. Self-representation may not be the best course of action when facing extremely serious claims or charges.
Click here to watch the video on Preparing for First Court Date for Child Abuse Charges In Michigan
It may be a risky move to decide to represent oneself, but keep in mind that there are many difficulties to be dealt with in child abuse situations. It’s possible that you were merely exercising parental discipline. Be aware that different people’s definitions of “reasonable” may vary greatly, and the word is not necessarily to be taken lightly. You need a lawyer who can help you navigate the legal system.
Michigan’s Child Protective Proceedings
Michigan’s child protection proceeding follows certain important steps, based on the underlying facts of the child abuse case:
MDHHS Order to Take and Place
The Michigan Department of Health and Human Services or MDHHS may ask the court to issue an Order to Take and Place the Child into Protective Custody if it considers that a child’s welfare is in immediate risk as a result of a threat from a custodial parent. Based on the child’s needs, such an order may be given at any time, day or night. The parent has the right to challenge the court’s order to remove the child from their care if it is issued within 24 hours following the removal. Prior to the preliminary hearing, which will be scheduled within 24 hours, the Department must submit a Petition.
MDHHS Petition
The Petition is the initial step in the child protection process if a child is not being removed urgently. The petition is the next step in the process if the judge has approved an emergency removal. Although other people are permitted to file child protective petitions, the MDHHS usually initiates the process. The petition will outline the facts and legal foundation that, in the petitioner’s opinion, justify the trial court’s exercise of jurisdiction over the child in order to ensure the child’s protection.
Preliminary Hearing or Pretrial Conference
Within 24 hours of the child being taken away from the parents’ custody, the preliminary hearing will be scheduled. Will talk more about preliminary hearing or pretrial conference in a bit.
Adjudication After Pretrial Conference
At an adjudication trial, the petitioner has the burden of proving, by a preponderance of the evidence, that one or more of the allegations made in the petition are accurate and that the court should exercise jurisdiction over the child as a result. The parent has the option of having the matter decided by a jury or on a judge-only bench. If the judge or the jury rules that the petitioner has established one or more facts and that jurisdiction should be exercised, the trial court will next make a decision.
The Court’s Disposition
The court decides what disposition to enter into for that parent and child once the accused parent has been found guilty of child abuse or neglect as a result of a child protection petition.
In the most extreme situations, the court may decide to terminate a parent’s parental rights to the child at the initial disposition. This is only applicable, though, in situations when the parent put the child at a very high risk of harm or death or engaged in serious physical or sexual abuse of the child. In all other situations, the court will compel the parents to take part in a parenting education class with the aim of reunifying the child with the parent.
The trial court will order the child to be returned home if the parent is successful in adhering to their treatment plan or parenting education, and the obstacles to reunification are eliminated.
Review and Planning Hearings
The Family Court must schedule a statutory review hearing every 90 days to assess the parent’s compliance with their treatment plan and the welfare of the child while in foster care if the parental rights of the parent were not terminated at the initial dispositional hearing in the case.
In addition, the court must examine the child’s final aim during a hearing for permanency planning at least once every 12 months. The trial court may order that the petitioner submit a supplemental petition seeking for the parent’s parental rights to be terminated if the court determines that the parent is not moving forward with their treatment goals in a satisfactory manner.
The Preliminary Hearing or Pretrial Conference
The court must hold a preliminary hearing if it has granted permission for the emergency removal of a minor child from a parent’s custody in order to examine whether doing so would be detrimental to the child’s welfare and what reasonable measures the State had taken to prevent the removal.
If there is reason to believe one or more of the petitioner’s allegations to be accurate, the petition may be approved.
The following objectives are made possible by this first step in the legal decision-making process:
- [a] Inform the parents of the claims, their legal rights, and the procedures.
- [b] Determine the child’s risk.
- [c] Select the right venue
- [d] Understand jurisdictional details
- [e] Take into account a request for emergency protective placement.
- [f] Begin thinking about suitable relative placements.
- [g] Get the process started for gathering the child’s medical data.
- [h] Evaluate the parenting time concerns before trial
- [i] Start the investigation process
There won’t be a preliminary hearing if there isn’t a request for removal; instead, the court will arrange a pretrial meeting before the adjudication trial if the petitioner only feels that the court has to become involved to safeguard the child.
Pretrial proceedings have three goals: It offers a chance for an early resolution of the case without a trial or for the concerns to be clarified before the trial. In addition, this hearing is used to submit motions, exchange witness lists, and set deadlines for discovery. The court and the parties may then agree on a trial date. The pretrial hearing is the first time the respondent(s) are represented by counsel in various jurisdictions. Even if the law allows for more than one pretrial hearing to be convened, this rarely happens.
Because of its scheduling, the pretrial hearing can be beneficial because it enables the parties to better comprehend the case’s facts and what would be required to settle the dispute. The respondent(s) will have legal representation, the child’s lawyer-guardian ad litem will have had a chance to complete the required investigation, and the agency staff will be more aware of the factors that are crucial to the child’s welfare and the services that will be required to address those factors.
Each party should understand what is minimally required to conclude the matter, what more information is required, a tentative list of witnesses to be called in the event a trial is necessary, and an estimated amount of time to prepare for the trial while preparing for the pretrial.
The Truth About Self Representation
Since the founding of our nation, federal law has acknowledged the right to self-representation. In accordance with the rules of each court, parties may plead and conduct their own cases in any court in the United States, either alone or with legal representation.
A person or litigant who chooses to represent himself or herself is referred to as “pro per” or “pro se” litigant. The term “Pro Per” or “Pro Se” litigant refers to a person who represents oneself in court without the assistance of an attorney.
According to the law, a person representing oneself is subject to the same obligations and rules as an attorney admitted to practice law in the State of Michigan. Such a person must understand the requirements of the law and how to carry out his or her objectives in line with the relevant statutes and court rules.
Judges and hearing officers are not permitted to give legal counsel. Many court personnel are not attorneys. Do not request legal counsel from them. Instead of seeking advice from the court employees, consult the Michigan Court Rules and Michigan legislation. The only information court employees may share is procedural information.
Self-representation is a questionable proposition despite these few benefits because there are many more disadvantages. Licensed attorneys often complete three years of legal education and have handled a number of criminal cases, so they are knowledgeable about the laws, regulations, and tactics that relate to mounting a criminal defense.
Pro per defendants are expected to be aware of and abide by these rules. Their case is frequently doomed by a lack of defense strategy. The judge won’t assist you or hold your hand. Several years in prison can be at stake in many criminal instances. If you made blunders during your trial, an appeals court won’t grant you a second chance.
Tread cautiously when invoking your right to self presentation.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.