Archive for the ‘Uncategorized’ Category

Michigan Child Abuse Attorneys – CPS Investigation Leads to Four Methamphetamine Arrests in Ionia County, Michigan

Thursday, February 23rd, 2012

Recently, Child Protective Services—also known as CPS—was involved in an investigation at a home in Ionia County, Michigan. The CPS caseworker, with help from Michigan State Police officers, discovered items at the home that are known to be related to the cooking of meth. CPS and law enforcement informed CMET (the Central Michigan Enforcement Team, a controlled substance task force) about the situation, and CMET obtained a search warrant for the home. In the home, CMET officers found “several one-pot meth labs.” Four people were arrested in connection with the methamphetamine crimes, and three children under the age of eight were removed from the home.

CPS often becomes in meth cases where there are children in the home. The obvious concern is for the physical and emotional safety of the children. The physical dangers can be from the environmental / fire / explosion hazards associated with meth labs. It is possible for children to be emotionally abused by parents that are using, manufacturing or selling meth.

However, as top CPS defense lawyers, we know that even once the drugs are removed from the house, the fight to get the kids back is not easy. CPS caseworkers may threaten that the parent needs to successfully complete many hours of substance abuse treatment and parenting classes or else they might ask the Michigan court to terminate parental rights. An attorney who regularly fights against CPS will know which threats are serious threats, and which ones are just tactics to get parents to participate in services. Let us use our knowledge to help you in your family protection matter.

MI Child Abuse – Is Abusing Animals A Warning Sign For Events To Come? Experts Think So.

Thursday, July 29th, 2010

Will Children’s Protective Services defense attorneys in Michigan find themselves dealing with allegations of the crime of animal cruelty? Some released studies maintain that those who abuse or violently treat animals are at high risk for exhibiting the same behavior towards people, namely children.

A Mid-Atlantic study was released in 1997 – - the first of its kind examining the link between animal abuse and crime, including child abuse. According to results reported, 70 percent of people who treat animals violently are also cited for other criminal activity, as well as five times more likely to exhibit aggressive behavior towards people. Take the examples of Albert DeSalvo, the “Boston Strangler,” or serial killer Jeffrey Dahmer for instance–before committing murder and other violent crimes, both men were known to abuse animals in their younger years.

Besides the statistics presented, expert psychologists regard animal abuse as “violence against the helpless,” directly connecting cruelty towards animals to interpersonal violence. Those who live in chaotic homes or were abused as children are likely to view the animal as a means of regaining personal control, ultimately taking the violence inflicted on them back out on their pet.

In recent years, the connection between animal cruelty and criminal activity including child abuse, has been examined by the Federal Bureau of Investigation as well as many state legislatures. In a number of states, proposals were passed that require the cross-reporting of child abuse and animal cruelty cases to both the Department of Family Services and the Department of Agriculture, which oversees pet shelters.

Michigan has already firmly established the rule of law that evidence of how a parent treated one child in the past can be used in a trial involving a different child. It may be the next logical step for the courts and the legislature to create rules allowing testimony about prior animal cruelty in child abuse cases.

In Michigan, child abuse can be charged in a criminal case with severe penalties such as prison time. It can also be addressed in the context of a civil neglect/ abuse case resulting in the loss of parental rights. If a person is facing either type of case, or involved in a CPS investigation, an experienced child abuse defense attorney in Michigan should be consulted immediately. Knowledgeable counsel will be able to provide the legal advice and legal representation needed to protect your rights and keep your family together.

MI Custody Cases – Reunification Day Celebrations Remind Us of Necessary Foster Care Changes

Friday, July 2nd, 2010

Parenting is certainly a difficult task; one that does not come with a road map highlighting the best routes for guardians to take. Nonetheless, parents are legally held to a certain standard which requires them to provide for their children’s mental and physical well-being–a responsibility which all children’s protective services defense lawyers in Michigan encourage guardians to take seriously.

Should Children’s Protective Services believe that your child is being mistreated, neglected, or abused, it is possible that the state will funnel them into the foster care system, ultimately tearing families apart. The state of Michigan has the seventh highest rate of terminating parental rights, with the second highest number of “legal orphans” who are parented by the state.

Despite the honorable intentions of the foster care system, far too many children are removed from their home preemptively, before providing any other options for the family. Child protective services workers often inappropriately involve themselves in families that are not in need of assistance. Not to mention, intimidation tactics are commonly used to easily convince families to comply with removing children from the home, without regarding the parents rights.

Once in the hands of the state, children are placed with total strangers and often shuffled between placements, these kids are subject to far greater harm than if they had stayed at home with their parents or guardians. While in the custody of the state, foster children see their siblings or parents infrequently, and also receive substandard medical and mental health treatment.

A study conducted by MIT showed that maltreated children at home were still better off than those in the custody of foster care. For this reason, Federal courts currently oversee many child welfare systems nationwide (including Michigan) for failing to meet the minimum standards of care.

While state officials are quick to remove children from their homes, parents in Michigan have insufficient options for reunifying their family. According to the Detroit News, only a third of children were reunited with their parents in 2008, almost 20 percent lower than the national average. Furthermore, the time it takes for children to be returned to their parents is extensive–Michigan’s return rate time is double the national average. Parents are sometimes inadequately represented and lack an effective voice in the courtroom.

To fight back against this negative trend, cities across the country celebrated the first Reunification Day, serving to recognize the importance of returning foster care children to their families–a goal that has been seriously neglected in recent decades. However, the celebration of reunifying families also serves as a reminder of the significant work still to be done.

It is also important that the decision to remove children from their home is well-thought out and appropriate for that family’s situation. Pending legislation attempts to clarify when it is appropriate to turn to state-run foster care. Should it pass, it will provide reinforcement for the notion that children should only be taken from their home when concrete evidence of “serious harm” or “an imminent risk of harm” exists. The intent is to make sure that arriving at such a life-changing decision, such as foster care, is necessary and in the best interest of the child.

Finally, it is important that parents receive improved legal representation throughout the process. Assisting parents as they attempt to navigate the legal process is essential to ensuring that children are reunited with their family. Otherwise, the State of Michigan will remain behind other states in child welfare, as well as continue to fall short when it comes to reunifying families.

When children are removed from their home, the lives of all family members are permanently affected.  Not only are kids in state-run foster care subject to more mental and physical distress, but they are also separated from loved ones which can serve to hinder the rehabilitation process. Because interacting with Children’s Protective Services in any capacity is a complex process, it is essential to secure the best legal defense possible to preserve your family. Contacting hard-working children’s protective service attorneys in Michigan who give sound legal advice and legal representation will help to ensure that your children stay out of foster care and at home where they belong.