michigan Child Protective Services (CPS) Lawyer
When Child Protective Services (CPS) becomes involved in a family matter, it can turn your life upside down. While the goal of CPS is to protect children from harm, investigators often aggressively pursue cases based on misunderstandings. One of our dedicated family law attorneys could assist you during a CPS investigation and protect your family’s rights.
If your family is facing an investigation, the guidance of an Oakland and Macomb County child protective services (CPS) lawyer could be invaluable. Our team could explain the situation in terms you can understand and help you clear your name. In many cases, we are able to bring an investigation to an end without the need for legal action by the State.
Understanding CPS Investigations in oakland and macomb counties
When CPS receives a complaint involving the neglect or abuse of a child, they have 30 days to complete an investigation. Given this timeframe, it is not unusual for the State to begin these investigations right away, often within 24 hours of the initial report.
It is the role of the investigator to look into these allegations. This often involves an interview with the children, visits to the homes of the parents, and possibly reviewing relevant documentation. A child protective services attorney could assist with every aspect of a CPS investigation.
It is important to remember that many of the same limitations that apply to the police also apply to CPS investigators. Parents do not lose their constitutional rights after an allegation of abuse or neglect, meaning there are limited grounds upon which CPS investigators can enter a family’s home.
When CPS Seeks Entry into the Home
There are three circumstances under which CPS investigators may enter your home. First, if you and your co-parent consent, CPS can enter your home. When parents allow investigators into their home, the entry is considered legal.
Investigators may also enter the family home in emergency situations. The investigator must have a reasonable belief that a child is in imminent danger of bodily harm for the situation to qualify as an emergency.
Finally, CPS investigators could also secure a warrant or court order giving them the right to enter the home. This procedure is also required when CPS decides to remove children from the home. While investigators often appear with a police officer, the officer’s presence does little to change these factors.
Contact at School
CPS investigators have the authority to question children at their school. What’s more, if they determine that the circumstances require an immediate interview, the State has no obligation to notify the parents beforehand. In these cases, the school must comply with CPS and allow the interview to take place, and the parents are only notified once the interview is over.
There is no way to reject a CPS investigator’s request to speak with a child. The best option for dealing with these circumstances is consulting with a child protective services attorney who can help you understand your options.
Discuss Your Situation with a local Child Protective Services Attorney Today
If you are under investigation by CPS, time is of the essence. The sooner you seek legal representation from a compassionate team of attorneys, the sooner you can begin defending your rights as a parent.
The steps you take during and after a CPS investigation could have a tremendous impact on your parental rights. For help in your situation, contact a local Child Protective Services (CPS) lawyer at our firm today.