Child Protection Law for Drug Crimes in Michigan
CPS is looking for signs of child abuse or neglect. The terms “abuse” and “neglect” are used to cover a wide variety of circumstances that could cause harm to a child. Child abuse refers to harm or potential harm to a child’s physical, mental or emotional wellbeing. This may include sexual abuse, sexual exploitation, or maltreatment. Neglect is when a guardian fails to provide the necessary food, clothing, shelter, or medical care or fails to remove foreseen risks or harm. Child protection law in Michigan are strict.
If you’re a parent facing drug crime charges, CPS could investigate you for neglect. CPS may deem that your child has suffered from exposure to indecent material or lack or parental guidance and care and file a motion to have him or her removed from your home before your case is decided. This is scary, because your family can suffer even though you may be proven innocent. It’s important to work with a seasoned CPS attorney to avoid unjust case outcomes.
What Happens During a CPS Investigation?
When CPS receives a report of child abuse or neglect, an agent is assigned to the case and will begin researching the claims within 24 hours. After the initial report is received, CPS has 30 days to conclude the investigation. A typical CPS investigation includes the following:
- Interviews with the alleged victim, perpetrator, and anyone else involved.
- A home visit.
- A thorough review of all relevant case documents.
- Interviews with neighbors, friends, and family members.
- An assessment of the child’s safety, future risk, and the family’s needs and strengths.
The CPS worker will be looking to see if there is a preponderance of evidence pointing to child abuse or neglect. Preponderance means that there is a 50.1% or higher chance that the child has been harmed or is currently in danger. The case will be placed in one of five categories and from there, the appropriate actions will be taken to correct the situation. If the CPS worker believes the child is unsafe, he or she may file a court petition requesting one of the following:
- That the family cooperates with in-home services.
- That the perpetrator be removed from the home.
- That the child be removed from the home.
Your lawyer will do everything in his or her power to keep your family together and help you avoid life-altering consequences that may result from a skewed investigation.
Parent Accused of Committing a Drug Crime in Michigan
If you’ve been accused of committing a drug crime in Michigan, contacting a defense lawyer is the first step in taking charge of your case. The most common mistake defendants make is not getting legal representation involved soon enough. Having an attorney on your side during the investigation is a good way to ensure your legal rights are upheld and all of the important facts are uncovered. Police and prosecutors are looking for ways to demonstrate your guilt, not your innocence. You need someone fighting on your behalf to ensure you receive a just outcome.
If you are a parent or your children are involved in your drug crime case in any way, your case could get more complicated. CPS may decide to conduct a separate investigation in order to determine if your children are safe in your home. Drug crimes are very serious and may impact children in many different ways. CPS’s job is to protect individuals who cannot protect themselves. Unfortunately, many innocent parents suffer from unjustified investigations. These investigations can harm families if not handled properly. Your attorney will work alongside you to ensure your children are shielded from caseworkers and aggressively battle to keep them in your home.
Every Case is Serious, Especially with Children
At Grabel & Associates, we take every case that comes across our desk very seriously, especially when children are involved. We’ll handle every aspect of your case and interact with CPS, police, and prosecutors so your interaction is limited. If you want to protect your family and keep your children in your home, call us today. Our toll-free hotline operates 24/7, providing you with access to Michigan’s premier defense firm around the clock.
Contact Us for a Free Consultation Now
We’re ready to step in and start fighting for you at any stage in your case. Contact us online to get connected with our talented team today!