Family law concerns include a wide range. Undoubtedly, it goes beyond divorce. It is not actually a criminal matter, even with the Child Protective Services or CPS engaged. Even though I have nothing to conceal, should I see a lawyer before speaking with CPS? Simply consult your lawyer to learn more about your risks. Find out how exposed you might be.
Click here to watch the video on Hiring An Attorney Before Dealing With CPS If I Have Nothing To Hide In Michigan
You may need to speak with your attorney about how to handle CPS if you have already had a visit from them or anticipate doing so soon. If you need to get a retainer, your attorney can advise you on that if a criminal exposure might exist. Since you are shielded by attorney-client confidentiality, you can talk about this in confidence.
Repercussions of CPS Action
Want to know what it will take to get CPS to your door? All forms of physical, mental, emotional, and other forms of abuse and neglect are allegations that call for CPS investigations. Common accusations CPS acts on include:
- [a] Child abuse
- [b] Child neglect
- [c] Sexual abuse
- [d] Molestation
- [e] Criminal sexual conduct
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.
CPS uses the legal system and occasionally can even ask the judge to revoke the parent’s parental rights.
Here are some things that parents will dread, the prospect and thought that your child might be taken away.
On rare occasions, investigators may remove kids 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.
The police are allowed to remove a child from their home without a court order. The hospital has the ability to refuse to let a kid leave with their parents if a doctor believes that the child would be in danger at home. This authority, which the hospital has without a court order, is temporary and has a narrow reach.
If there is an emergency removal while the investigation is going on, a preliminary hearing is to be held within 24 hours.
Before a charge of abuse or neglect is taken to court, CPS does not have the right to compel you to follow most of its instructions. Working with CPS is normally advantageous for you, nevertheless. This includes answering questions, providing evidence to back up claims, letting CPS inspect your home, and scheduling and taking part in proposed services.
These services may include parenting seminars, organizations for those battling addiction, or training on handling household finances.
It Maybe Baseless, But Take It Seriously
Ask yourself, what will be the most likely reason CPS will end up on your doorstep? Are you at the moment undergoing a very contentious divorce? Do you have a vindictive spouse? Are you currently dealing with a malicious parent?
You might be wondering why someone would look for or build evidence against you, especially your soon-to-be ex. You may have come to the conclusion that your ex doesn’t actually need to portray you as a monster in order to obtain a divorce. A “no-fault” divorce is legal in Michigan. You don’t need a good cause for your spouse to dump you or divorce you.
Working on what can be used against you in a divorce is therefore pointless.
How about a better spousal support agreement? Why not deny you custody and parenting time? Would that satisfy you as a justification?
There’s always something that can be used against you in a divorce and in a child custody case. We wrote about this in two articles, “What Can Be Used Against You In A Divorce in Michigan?” and “What Evidence Can Be Used In A Custody Battle In Michigan?” here in our Legal Blog. We pointed out what are those things that can get you in trouble with CPS even if those things are baseless.
In a custody dispute, it is more about your ability to care about your child’s best interests than it is about you vs the other side. So, to defend oneself against a divorce complaint, you actually don’t need to do anything. However, it’s probably something you should think about if you’re talking about child custody.
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 accusations seriously.
You Have Rights, They Know It
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 obliging lawyers would advise you to maintain your distance even with a well-intentioned social worker or investigator knocking on your home.
Overzealous CPS social workers or agents frequently resort to intimidation. They take pleasure in putting partners at odds. It fits with the “divide and conquer” style of investigation. Any threats made by CPS should not be heeded without first seeking legal counsel, according to attorneys who have experience dealing with such tactics.
When a social worker or CPS agent starts to interrogate you after a complaint has been made or an alleged abuse has been reported, you should be fully informed of your rights. This is a compelling reason to consult legal counsel as soon as you encounter CPS for the first time.
The CPS visiting your house can be uncomfortable. But it’s important to remember that the vast majority of CPS visits—roughly 75% of them—do not result in the service taking any action.
You don’t handle the presence and inquiry of CPS, and you might just have your kids removed from your home. Even if the allegations against you are baseless, CPS will assume you are guilty and investigate based on that premise.
If you think you will get a visit from CPS, just remember your rights:
[a] You have the right to know the charges against you in detail.
[b] You have the right not to respond to CPS questions.
[c] You have the right not to let CPS into your home unless they have a signed warrant or court order.
[d] You have the right to have everything recorded.
[e] You have the right to employ an attorney to fight on your behalf.
Everybody’s circumstance is different, therefore you should hire 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 as soon as a 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. Additionally, you must be aware that some of these reports are the result of examinations or observations of state-mandated reporters.
Mandatory reporters are people who are required to report to Centralized Intake of CPS and who have “reasonable grounds to think” that child abuse or child neglect has happened or is occurring. There is a long list of people in Michigan who are required by law to provide specific information.
CPS social workers or agents that are overly aggressive frequently use intimidation. Attorneys who have previously worked with CPS warn that any threats made by the agency should not be heeded without first speaking with an attorney.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.