When Unexplained Child Injuries Lead to Legal Trouble
Learn about unexplained injuries and fractures in children and how Kirsch Daskas Law Group PLLC can help protect parents’ rights.
Children are prone to injury, but not all injuries have obvious explanations. When a doctor, teacher or other party notices an injury and wrongly suspects it is the result of abuse, parents may have to endure the nightmare of a Child Protective Services (CPS) investigation and possible removal of the child.
At such a critical phase of your parent-child relationship, it is important that you do everything you can to protect your bond and your rights. When the accusations are serious and the stakes are enormous, parents throughout Michigan turn to Kirsch Daskas Law Group in Bloomfield. We have extensive experience protecting the rights of parents facing criminal charges and engaged in contentious family law disputes.
How Was Your Child Injured?
An active child may suffer an injury on a playground only to get up and keep playing, leaving the diagnosis to be delayed by days or weeks. When someone discovers the injury, there is no apparent cause, leaving room for dangerous speculation. Even newborns suffer injuries during birth that may go undiagnosed for a period of time, resulting in the same problem of an unexplained fracture or other injuries.
Our attorneys are well-versed in the medical issues underlying child abuse cases and aggressively seek the facts and documentation that protect our clients’ parental rights. We understand that injuries have numerous causes, many of them unexplained, and that jumping to conclusions can destroy a family. We are here to stand by your side during this troubling time and work tirelessly to help you avoid the consequences of a criminal conviction.
Penalties for Unexplained Child Injuries
CPS has 30 days to complete an investigation, unless extenuating circumstances necessitate an extension. Investigations must start within 24 hours and typically include:
- Face-to-face interviews with the alleged child victim(s), their caretaker(s), and the alleged perpetrator(s).
- A visit to the family’s home.
- Review of relevant documents, such as police reports, criminal records, medical records, school reports, and CPS case files.
- Interviews with neighbors, friends, relatives, or professionals who have interacted with the family.
- An assessment of the child’s safety and potential future risk of abuse or neglect.
- An evaluation of the family’s needs and strengths.
During the investigation, CPS considers various factors, including:
- Are there alternative explanations for the allegations?
- What are the family’s dynamics and circumstances?
- Who filed the complaint?
- Is there corroborating evidence, such as witness statements or findings from home visits?
- Is a medical exam of the child warranted?
- If the child has injuries:
- What is the explanation for the injury?
- Is that explanation plausible?
- Where is the injury located?
- Are there multiple injuries at different healing stages?
- What is the condition of the home (e.g., cleanliness, safety hazards)?
- What is the condition of the child (e.g., attire, hygiene)?
- Are the child’s basic needs being met?
- Is there adequate supervision?
- Are the caretakers emotionally or mentally abusing the child?
Talk With an Experienced Defense Attorney Today
You don’t have to face this legal crisis alone. Our lawyers are here to help you understand your options and chart the best path going forward. To arrange a confidential consultation with one of our attorneys, call our law offices at 248-792-3060 or contact us online.
