“Child neglect” means harm or threatened harm to a child’s health or welfare by a parent, legal guardian, or any other person responsible for the child’s health or welfare that occurs through either of the following:
- Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care
- Placing a child at an unreasonable risk to the child’s health or welfare by failure to intervene to eliminate that risk when the parent, legal guardian, or other person responsible for the child’s health or welfare can do so and has, or should have, knowledge of the risk
- Negligent Supervision occurs when a child is harmed or is at risk of being harmed. Negligence is implicated when a child is placed in a situation that any reasonable adult would know is too dangerous for a child.
Penalties for Child Neglect in Michigan
Allegations of child abuse or neglect stem from various scenarios. It is typical for this process to begin when a child is presented at a doctor’s office or emergency room with an injury without an explanation, or makes a statement to a teacher that is misconstrued. The report to children’s protective services begins the process when a mandatory reporter or other individual suspects abuse or neglect.
After an investigation, parents can be placed on the Department of Health and Human Services Central Abuse registries. A person is notified by a certified letter and has 180 days to respond/object to being identified as a perpetrator of abuse. Being on the Central Abuse Registry may preclude a parent from volunteering in a classroom, coaching or going on field trips with his/her children.
The consequences of child abuse and neglect allegations range from having a safety plan in place to termination of parental rights. After an investigation begins, there will be a team decision-making meeting (TDM) or family team meeting (FTM). These are essentially the same but different counties call them different things. At the meeting, the team will discuss the family’s strengths and weaknesses and the allegations. Substantial risk of harm, parenting time and placement will be communicated to the parents. Risk is categorized based on individual facts and circumstances in a home.
For example, a family with more children is at a higher risk than a family with one child. A child who is immobile and has an unexplained injury is at a higher risk than a child who lives in a filthy home environment. After these factors are discussed the agency will decide to maintain a safety plan or proceed to court.
Defenses Against Child Neglect Charges
Child neglect cases are taken extremely seriously by the courts and often result in stigmas against you and your family. It is vital to contact a criminal defense attorney from Kirsch Daskas Law Group who has years of experience with child abuse cases. Our experienced Michigan criminal defense attorneys will thoroughly investigate the accuser’s history and background to determine the validity of these allegations. Additionally, our lawyers will apply current research and legal principles to formulate the best strategy for your defense.
Lisa Kirsch Satawa can navigate this scenario efficiently and effectively. Using a multidisciplinary approach to these cases, she will look at genetics, metabolic bone disease, cognitive development, suggestibility of children, linguistics, impact of therapy or statements of trusting adults on a child’s memory and more. Lisa works with the top experts around the country to create the best defense to confront these serious allegations.
Without a proper defense, parents can lose their children based on incomplete or misinterpreted medical treatment, insufficient investigation or many other factors
Contact a Child Neglect Defense Lawyer at Kirsch Daskas Law Group
Lisa Kirsch Satawa has been defending parents falsely accused of harming their children or neglecting their children for over 20 years. Call our office now for a consultation at our office or contact our firm online. You can call us on 248-792-3060.
