What is a Child Protective Services (CPS) Investigation for Child Abuse in Michigan?

Child Protective Services (CPS) is the division of the Michigan Department of Health and Human Services responsible for investigating reports of child abuse and neglect. The driving force in a CPS investigation is the protection of children. It may seem like it is to punish parents, but this is not the aim.

The legal framework behind CPS can be found in the Michigan Child Protection Law, Act 238 of 1975. If you or someone you know is subject to a CPS investigation, here are things you should know.

What Triggers a CPS Investigation?

A CPS investigation begins when someone reports suspected child abuse or neglect. Anyone can make a report online or via a 24/7 phone hotline. Some professionals, like teachers, doctors, nurses, social workers, and police officers, are legally required to report suspected abuse or neglect, and penalties apply for failing to make a report. The reporting person’s identity is confidential.

For CPS to investigate a report, it must meet specific legal criteria:

• The alleged victim must be under 18.
• The alleged perpetrator must be the child’s parent, guardian, or another person responsible for their welfare.
• The allegations must fall under Michigan’s legal definition of abuse or neglect, including nonaccidental physical abuse, sexual abuse, neglect, or threats of harm to a child’s welfare or health. Additionally, failure to protect a child can lead to an investigation.

The CPS Investigation Process in Michigan

CPS has 24 hours to start its investigation once a report is filed. These are the key steps that investigators typically follow in the process:

• Initial response – A CPS worker makes face-to-face contact with the child to assess their immediate safety. This step typically involves a visit to the child’s school or daycare. It may also include interviews with caregivers.
• Home visit – CPS may visit the child’s home to evaluate living conditions and the family’s circumstances. Alternatively, CPS may legally interview your child at school without your knowledge.
• Evidence gathering – A CPS investigation may involve medical records, school and police reports, interviews with people who know the family, and other relevant information.
• Assessment – As CPS investigates, they must evaluate the child’s current safety, the risk of future harm, and the family’s needs. It must be more likely than not (in other words, there must be at least a 51% chance) that abuse or neglect occurred.

A CPS investigation must generally conclude within 30 days. However, investigators can pursue an extension for more complex cases.

Parents’ and Guardians’ Rights During a CPS Investigation

You have several important rights as a parent or guardian under CPS investigation. They include the following:

• Right to notification – You have the right to be informed about the investigation unless it would endanger the child.
• Right to counsel – You can hire an attorney or have the court assign one to represent you.
• Right to access records – You can review documents related to your case, with the reporter’s identity confidential.
• Right to refuse entry – You can refuse to let CPS into your home without a court order.
• Right to tell your side – You have the right to provide your perspective on the allegations, whether directly or through your attorney.
• Right to suggest relatives – If CPS deems it necessary to remove a child from the home, you can suggest relatives for placement.
• Right to remain silent – You can refuse to speak to CPS entirely, but this may lead to the removal of your children or more drastic measures by CPS to investigate.

Potential Outcomes of a CPS Investigation

Upon conclusion of a CPS investigation, your case will be assigned to one of these five disposition categories:

• Category V: There is no evidence of abuse or neglect, and the case is closed with no further action.
• Category IV: There is insufficient evidence of abuse/neglect to meet the preponderance standard, but CPS may refer the family to community-based services.
• Category III: There is evidence of abuse/neglect with a low to moderate risk. CPS will refer the family to community-based services.
• Category II: There is evidence of abuse/neglect with a high/intensive risk. CPS will provide both community support and ongoing service.
• Category I: There is evidence of abuse/neglect, and the matter is so severe as to warrant a court petition. This may lead to the child being removed.

CPS, with their mission to protect children, has an enormous amount of power and many tools. It is imperative to keep your cool, be kind, and let an attorney guide you.

Contact a Lower Michigan Child Abuse Defense Attorney

The lower Michigan attorneys of Kirsch Daskas Law Group PLLC can answer your questions on the CPS process. Our founder has consistently been ranked one of Michigan’s Top 50 Women Lawyers, and her team has over 29 years of experience representing clients facing false accusations with a strong, honest approach. Contact our office today for a free consultation.