Saturday, August 27, 2011
Michigan CPS and Failure To Prevent Injury
In the trial court, the judge ordered that the rights of the baby’s mother and father be terminated. The parents appealed the case to the Michigan Court of Appeals. They argued that there is no evidence against either of them that they were the perpetrator of any child abuse, and therefore the child should not be taken from them. However, the Michigan Court of Appeals affirmed the trial court’s ruling, stating that there need be no “definitive evidence regarding the identity of the perpetrator, where the evidence does show that the respondent or respondents must either have caused or failed to prevent the child’s injuries.” This ruling is one step closer to strict liability for unexplained infant injuries in Michigan. According to the Court of Appeals, the caretaking parent must have caused the injury, or he or she must have failed to prevent the injury. According to the Court of Appeals, either of these situations offer sufficient grounds for a judge to terminate a parent’s parental rights.
Read the entire story here.