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.

4 comments:

  1. Since my son broke is arm during school hours at recess.... AM I ACCOUNTABLE FOR HIM GETTING INJURED IN AND ON PUBLIC SCHOOL PROPERTY WHILE IN THEIR CARE???? JUST WONDERING :O

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  2. What can be done when CPS removes a child, but tells you & the court they had no evidence. During a 13 day custody the CPS worker, foster care worker & foster parent all lied to & threatened the child. They also made the child go 17 hours without insulin because they had to follow protocol & knew the child was in danger. Complaints to Lansing went unanswered except to tell the parent several appalling comments- "When CPS shows up the child & parent have no civil or constitutional rights." "We would rather destroy the emotional well being of one child to protect a few." "You should be happy we took your child because that shows how much we care about children." After 13 days the judge ruled CPS had no probable cause & returned my child. Due to current laws CPS can remove a child without evidence or probable cause. They are also allowed to provide false statements, twist the child's &parents words, & make unprovable statements about the parent. But the parent is held accountable for CPS & foster care abuse of a child!!

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    Replies
    1. unfortunately this is true, SS twists the words of anyone around to continue to operate illegally, I stood up and fought for 9 months, I fought using current legal ability, SS has twisted the legal world to protect themselves, and destroy the true loving families.

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  3. 722.628e Investigation checklist.
    Sec. 8e.
    (1) The department shall implement an investigation checklist to be used in each investigation of suspected abuse and neglect handled by the department.
    (2) Subject to subsections (3) and (4), an investigation shall not be closed until the checklist described in subsection (1) is completed.
    (3) A supervisor must review the completed checklist. If the supervisor determines that the investigation complies with the investigation checklist and with the following state laws and department policy, the investigation may be closed:
    (a) Face-to-face contact was made with all alleged child victims.
    (b) A petition was filed as required by sections 8d(1)(e), 17, and 18.
    (c) A petition was filed when court intervention was needed to ensure child safety.
    (d) Any other items that impact child safety and well-being that are specifically outlined in department policy to require the approvals outlined in subsection (4).
    (4) If the supervisor determines that the investigation does not comply with the investigation checklist and the state laws and department policy outlined in subsection (3), the supervisor shall determine the reason the investigation checklist and state law or department policy outlined in subsection (3) were not followed. An investigation that falls under this subsection shall not be closed until after the local office director has reviewed the investigation.

    Michigan PA 511 is an ambiguously written law that claims to put a checks & balances on CPS. What it does in reality is allows CPS to violate the law & CPS protocol. If the worker does violate the law & CPS protocol, the supervisor "investigates" & explains why the laws & protocol were violated. Then it is passed to the office director who repeats the process. The way the law is currently stated is that the office director can them close the case. I was told by the senator who wrote the bill's office is that the office director is supposed to notify the higher ups & there is supposed to be a "thorough" investigation. Unfortunately, the intent of the law & letter of the law are very different. The practice of the law does not in any way follow the intent of the law.
    I was told there is a strict checks & balances the worker MUST follow in the investigation. That list is also very ambiguous.
    Please have your members contact their senator & representative. Also call the house & senate chairs for the committees:
    Families, Seniors and Human Services Judy Emmons Committee Chair
    http://www.senate.michigan.gov/committee/familes.shtm
    mhart@senate.michigan.gov committee clerk

    Families, Children, and Seniors Representative Kenneth Kurtz Committee Chair
    http://house.michigan.gov/MHRPublic/CommitteeInfo.aspx?comkey=226
    alake@house.mi.gov committee clerk

    Bill author-
    senrkahn@senate.michigan.gov


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