Do You Know Your Rights in a CPS Investigation? (Pt 2)

CPS workers may tell you you don’t have certain rights, but you do!

 

Welcome back and thanks for joining us again for this discussion on your rights during a CPS investigation. As we mentioned in our previous article, many people know their Miranda rights when they get arrested, but they have no idea what rights they have when CPS shows up on their doorstep!

 

The United States Constitution guarantees that a parent has a right to the care, custody, and control of their own child. But CPS doesn’t think so. As far as they’re concerned, you only have the right to raise your children if they’ve decided you’re doing it the right way. So we’d like to make you aware of your rights, so that CPS doesn’t violate them in the future!

 

You have the right to discipline your children, within reason

 

CPS would love you to believe that you may only discipline your children the way they believe is acceptable – but that isn’t true. Michigan law says a parent may spank a child, as long as it is for the purpose of discipline, and that only “reasonable force” is used. However, this is where it can get a little tricky.

 

Much like “moderation” in drinking, every person’s idea of what defines “reasonable” is different. And Michigan law doesn’t specify exactly what it deems “reasonable” to be. However, spanking the child in a way that leaves marks, is deemed to have crossed the line into physical abuse. So while you do have the right to discipline your children as you see fit, we do urge you to be careful, and consider your child’s physical and emotional wellbeing.

 

You have the right to hire an attorney to defend you!

 

CPS may not be able to bring criminal charges against you, but they can make your life very miserable if they choose to. Even without criminal charges, a CPS worker can still petition the court to have your children removed from your care and placed into foster homes. So even if there are no criminal charges to fight, you should still hire an experienced CPS defense attorney.

 

In fact, a little known fact is that police officers, when investigating allegations of abuse, often call in CPS, who then conducts their own investigation. In the end, you can be fighting a battle on two fronts – the prosecutor’s office who files charges against you after the police investigation, and CPS, who investigate you separately and then petition the court to remove your children. That’s why you need a lawyer that can do both – fight CPS on their own turf, and handle a criminal defense!

 

At the Kronzek Firm, we specialize in BOTH types of defenses!

Here at The Kronzek Firm, our skilled child abuse defense attorneys help people accused of child abuse by CPS, and those who are facing child abuse charges. We understand how the two different scenarios, whether you’re appearing in criminal court or in the family court, can affect one another. So call 866 766 5245 today and make sure you get a well rounded defense from attorneys who can handle every aspect of your case, and not just a portion of it!