CPS, or Child Protective Services, performs a crucial task by looking into allegations of child abuse or neglect. To induce CPS to visit you regularly, an ex spouse might make some bogus reports. Do I need to allow CPS access to my home? You have the option to deny CPS entrance. On the other hand, you want to consider it from the viewpoint of the judge who will later get a report about your reluctance to assist with an inquiry.
Click here to watch the video on Do I Have To Let CPS Into My House In Michigan?
The best strategy is to let them inside and then have your lawyer submit a motion claiming that these reports and inquiries are a waste of CPS time and taxpayer money. The other party will be held accountable the next time they make a fraudulent report of child abuse.
What’s Up: Trouble Ahead!
There is a lesson to learn about vindictive spouses, false claims of domestic and child abuse, and what can be use against you during divorce and child custody cases. We have written articles about them and how to deal with each.
If your divorce didn’t really start off well, you should realize by now a lot of things can be thrown at you by an unreasonable spouse who is hurting and who has not come to terms with the separation that’s coming after a divorce. Start thinking about the things your soon-to-be ex is going to do to get at you just for spite.
Start thinking about the bad things your spouse might do. We’re not saying people become very bad when they go through divorce but you need to tread carefully. We talk about a lot of possible things your spouse might do in this situation in an article, “What Can Be Used Against You In A Divorce In Michigan?”.
In that article, we talked about the things your spouse will use against you that can have an impact on custody and parenting time. We also mentioned in the article the effect of what your spouse will come up with against you possibly affecting your children’s well-being psychologically.
Do you have a vindictive spouse? During your divorce process, have you felt or observed that it isn’t going well and the worst is yet to come? If you’re having those feelings like a tingling “spidey” sense, more often those feelings, intuition you call it or even dread might be more real than you think.
It’s only called paranoia if there’s no logic to it. We’ve posted an article about “How To Deal With A Vindictive Spouse During Divorce In Michigan” the scenario we’re painting in that article is not pretty. A really vindictive spouse has a way of manifesting their scorn for their spouse in so many ways. The last thing you need is CPS or your local police on your doorstep. If you are being falsely accuse of child abuse or domestic violence, take them seriously. Talk to your attorney if you get a whisper about these accusations or allegations against you.
Just thinking about divorce is stressful. A vindictive wife makes it much more challenging. Find more effective and creative stress management strategies. We advise you to seek therapy if you feel you need it. Identify your center. To maintain your attention on what’s vital, compose yourself. You’re going to need it once your vindictive spouse starts acting out.
With a vindictive spouse, it will not be a surprise if some false reporting of domestic or child abuse will be thrown at you. We’ve also published an article about “How To Deal With False Domestic Abuse Claims In A Michigan Divorce” here in our Legal Blog. It talks about how domestic abuse is no longer exclusive to men. Apparently, women are also becoming perpetrators of domestic violence not against fellow women but on men. You should read this article if you feel you’re having reservations reporting domestic violence committed by women in your household.
Always keep in mind that when pushed to the limit, people can do a variety of crazy things, such as fabricate stories of domestic abuse or violence. Simply put, you need to treat false accusations realistically rather than dismissively. Your freedom and your children’ well-being could be in jeopardy. When negotiations about child custody and parenting time arise, it may significantly reduce your chances of receiving a fair hearing.
Knock, Knock: CPS Who?
CPS, is in charge of protecting children from abuse and neglect. When a child’s safety, security, or health are at risk or compromised, abuse is presumed to have occurred. Any of the following circumstances, or both, constitutes neglect of a child:
[a] Not giving a child in your care enough food, clothing, housing, or medical care.
[b] Placing a kid in danger of harm when you ought to have known about the risk, had the opportunity to shield the child, and failed to do so.
CPS will work with families, law enforcement, the courts, and other organizations to prevent, identify, and treat child abuse and neglect. CPS has an obligation to try to keep families together as long as it’s in the best interests of the child.
After receiving a report of abuse or neglect, CPS has 24 hours to either launch an investigation or, if they think it is unfounded, reject the complaint. Extremely serious incidents, such as those involving sexual abuse or a child’s death, will be reported by CPS to the police.
On rare occasions, investigators may remove children from their homes. CPS can only remove children from their homes with a court’s order. When CPS removes children, they are frequently temporarily placed in foster care or with the other parent. Foster care could be provided by a relative.
If there is an emergency removal while the investigation is going on, a preliminary hearing is to be held within 24 hours.
The CPS and its procedures are not the problem, as some attorneys who have dealt with CPS in the past will tell you. The problem is overzealous social workers and officials who assume the guilt of the parents who are the focus of complaints even before an inquiry has begun. Even the most compliant lawyers would advise you to maintain your distance even if a well-intentioned social worker or investigator knocks on your home.
Overzealous CPS social workers or agents frequently resort to intimidation. Attorneys who have dealt with CPS before would advise that any threats made by CPS should not be heeded without first seeking legal counsel.
Having CPS come to your house can be unnerving. However, it’s important to remember that the vast majority of CPS visits, or roughly 75% of instances, don’t end in any kind of action from the department.
You Have The Right To Remain Silent
Even when a parent is making every attempt to keep the family together, CPS will sometimes ask the judge to revoke their parental rights through the legal system.
If a social worker or CPS representative asks you questions following the filing of a complaint or the reporting of alleged abuse, you should be fully aware of your rights. This is a strong reason to consult legal counsel right away after making contact with CPS.
A CPS officer will approach you as though you are guilty and act accordingly when they knock on your door. Because they regularly get anonymous tips, CPS agents are required to follow up on every lead as though it were true. As a result, you should take the complaint seriously.
In the context of the CPS investigation process, you need to be aware of your legal rights.
[1] Unless they have a written warrant or court order, you have the right to refuse to let CPS into your house.
Employees of CPS may lie to you. They might even be accompanied by a police officer and say they are going to pick up your children. But if they can’t show you a court order, don’t let them in.
You always have the right to protection under the 4th Amendment, regardless of what the CPS official says. If you allow them access to your home, you have just relinquished your constitutional rights.
You can demand that they keep your children close to you. Demand that they vacate your property, but refrain from getting physical.
Be aware that they can still enter despite your demands. You risk going to jail if you get into a confrontation in this circumstance. However, if you indicate that you are objecting, you can use this evidence in court.
[2] You have the choice whether or not to answer CPS inquiries.
You are protected from self-incrimination by the Constitution in all situations, not just those involving criminal charges. However, absolutely refusing to respond to the CPS investigator’s questions can result in problems down the road. The best course of action is to answer the investigator’s questions with questions of your own, such as “Why am I or my family the target of a CPS investigation?”
[3] You have a right to be fully informed of the accusations leveled against you.
Despite the fact that you are not legally entitled to know who has accused you, you are allowed to ask for written records and investigative findings. You have a right to be informed of the charges. Representatives from CPS typically try to conceal details by merely categorizing situations under general headings like “abuse” or “neglect.” They must supply any specific information you want. This information will be used by your attorney to build a solid defense.
[4] It is within your rights to have everything recorded.
In Michigan, it is completely legal to secretly record on video or audio any conversation you are a part of.
If you have a recording of your conversation with the CPS agent, anything you say that is misinterpreted might be disputed in court.
Make sure the conversation is recorded if a CPS agent needs to speak with your child or children alone due to a court order so you may later review it with your attorney. The documentation can shield you and your family from overzealous CPS employees who could try to twist your child’s statements.
[5] You have the right to choose an attorney to represent you in court.
Everybody’s circumstance is different, therefore you should choose an attorney to defend you while you try to rejoin your family and offer your side of the story. Anything you say to your attorney will be kept confidential under the protection of attorney-client privileges.
You won’t be given a court-appointed attorney when CPS inquiry begins. If you can’t afford an attorney and a petition is filed against you or about your children in Michigan, you might be entitled to 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.