Common Question and Facts about Child Protective Services (CPS):
1. CPS has showed up at my door, what do I do?
Many people have received some bad advise regarding this matter. Many blogs and webpages tell you don't let them in without showing you a warrrant. Under Michigan law: CPS does not have to obtain a warrant, let alone show you one. If you refuse to let CPS in, you run a high risk of having your children removed from your home within hours after you refuse to let them see the children.
Answer: CPS is only allowed to check on the welfare of your children if they show up on a referral call. Let them in to see your children but make it perfectly clear that you do not want to speak with them until your attorney is present and make an appointment with the CPS worker for an interview with you and your attorney. Furthermore, CPS is only allowed to speak with your children, not search your home. The worker can stand in your entry way and you could invite them to sit in your livingroom or kitchen to talk to your children. Do not let them search your home. If they want to inspect your home, make an appointment with them to have your attorney present during the inspection.
2. My children were removed from my home by CPS today, and I have a court preliminary hearing in the morning/afternoon to determine whether my children can come home, or the children will remain with CPS in foster care. The CPS worker told me I don't need an attorney for this hearing and the court will not appoint an attorney for me during this hearing. Do I need to hire an attorney?
Answer: Yes, you need to hire an attorney immediately. A preliminary hearing is a serious matter. The court is not obligated at law to appoint you an attorney for the preliminary hearing. The court is only obligated to appoint you an attorney for trial and post-trial hearings in neglect and abuse cases. The purpose of the hearing is to determine whether there is probable cause to believe that the allegations against you concerning neglect and abuse of your children are true, and if so, whether your children will remain in foster care until you have a trial concerning the allegations. The second purpose of the preliminary hearing is to determine whether you will have weekly visitation with your children if they remain in foster care until your trial.
3. How often will I be able to visit with my children while they are in foster care?
Answer: Under Michigan law, you are entitled to visit your child at least one hour every seven (7) days unless the court finds that you present an immediately, physical danger to your child. CPS cannot suspend your visitation with your child until a psychological evaluation is done, a physical examination is done or for any other reason. Besides, CPS/DHS needs a court order to suspend your visitation and you are entitled to a hearing before a judge to suspend your visitation with your child.
Many people have received some bad advise regarding this matter. Many blogs and webpages tell you don't let them in without showing you a warrrant. Under Michigan law: CPS does not have to obtain a warrant, let alone show you one. If you refuse to let CPS in, you run a high risk of having your children removed from your home within hours after you refuse to let them see the children.
Answer: CPS is only allowed to check on the welfare of your children if they show up on a referral call. Let them in to see your children but make it perfectly clear that you do not want to speak with them until your attorney is present and make an appointment with the CPS worker for an interview with you and your attorney. Furthermore, CPS is only allowed to speak with your children, not search your home. The worker can stand in your entry way and you could invite them to sit in your livingroom or kitchen to talk to your children. Do not let them search your home. If they want to inspect your home, make an appointment with them to have your attorney present during the inspection.
2. My children were removed from my home by CPS today, and I have a court preliminary hearing in the morning/afternoon to determine whether my children can come home, or the children will remain with CPS in foster care. The CPS worker told me I don't need an attorney for this hearing and the court will not appoint an attorney for me during this hearing. Do I need to hire an attorney?
Answer: Yes, you need to hire an attorney immediately. A preliminary hearing is a serious matter. The court is not obligated at law to appoint you an attorney for the preliminary hearing. The court is only obligated to appoint you an attorney for trial and post-trial hearings in neglect and abuse cases. The purpose of the hearing is to determine whether there is probable cause to believe that the allegations against you concerning neglect and abuse of your children are true, and if so, whether your children will remain in foster care until you have a trial concerning the allegations. The second purpose of the preliminary hearing is to determine whether you will have weekly visitation with your children if they remain in foster care until your trial.
3. How often will I be able to visit with my children while they are in foster care?
Answer: Under Michigan law, you are entitled to visit your child at least one hour every seven (7) days unless the court finds that you present an immediately, physical danger to your child. CPS cannot suspend your visitation with your child until a psychological evaluation is done, a physical examination is done or for any other reason. Besides, CPS/DHS needs a court order to suspend your visitation and you are entitled to a hearing before a judge to suspend your visitation with your child.