What You Need To Know About Failure To Protect in Michigan

February 14, 2017 Abuse and Neglect Attorney



The term ‘Failure to Protect” seems somewhat self explanatory. However, like so many things in Michigan law, there is always more than meets the eye. With that in mind, we wanted to take this opportunity to unpack this subject for you. So let’s spend a few minutes together and take a look at exactly what Failure to Protect means, and how it could impact you,


What does ‘Failure to Protect’ mean?

Summed up, Failure to Protect refers to a parent of guardian or caregiver’s failure to protect a child from known dangers. An example of this would be if a mother allowed her boyfriend to physically, sexually, or emotionally abuse her children. Instead of protecting her children, or working to keep them safe from the threat, she continually exposes them to the abuse by doing nothing to stop it.


What does Michigan law say?

Michigan law imposes a duty on those who are the assigned caregivers of children, to protect them from situations and circumstances that could harm them.  Unfortunately, many parents have found themselves in court, defending against Failure to Protect allegations, when there is no evidence to suggest that they knew of a possible danger.  So how does this happen?


The two-parent CPS petition

In many cases, a parent will be charged with Failure to Protect when the other parent is facing charges of abuse or neglect. This tends to happen when one parent or caregiver is accused of intentionally harming or neglecting a child. The other parent is then assumed to have known about the abuse or neglect, but elected for whatever reason to not step in and protect the child.


CPS targets families and penalizes parents

There are certainly instances where one parent knew that the other parent was harming a child, whether this means turning a blind eye to molestation, or ignoring the repeated signs of physical injury. However, there are just as many if not more instances where a parent had absolutely no idea that the other parent was harming their children. In these cases, Failure to Protect charges seem ridiculous. After all, how can you act to protect a child when you had no idea they were in danger to begin with?


CPS’s divide and conquer strategy

CPS workers expect every parent to know everything that the other parent is doing at all times, which is patently ridiculous. This is even more so, when you consider the fact that the allegations of abuse may be false, and so the parent had no idea about alleged abuse because it never happened. However, CPS likes to split parents up and pit them against each other. It is an effective way to ensure that a parent can be labelled ‘unfit’ without ever having done anything wrong.


What your defense attorney does

While the role of CPS is to break a family up, the role of your defense attorney is to keep your family together. Your CPS defense lawyer will work very hard to determine whether or not there is any way to keep your family together, if that is what you want, and then advocate for solutions to achieve that end.


Why you need The Kronzek Firm

The highly skilled CPS defense attorneys at The Kronzek Firm have spent decades working to combat the bullying tactics of CPS in Michigan. We fiercely defend families from being torn apart and regulated. It’s something we’re very good at. You have only to look through our long history of successful case results to see that this is something we are dedicated to on every level. So if you or a loved one have been accused of failing to protect your children, call us immediately at 866 766 5245. We are here 24/7 to help you!