Can you imagine what it would be like to have someone accuse you of being an uncaring parent who never made the effort to protect your child from danger? Most parents can’t, until they’re faced with those exact allegations. But what makes failure to protect such a devastating blow to moms, dads and caregivers all over Michigan? Many things. Let’s unpack a few of them here.

What does ‘failure to protect’ really mean?

The name seems pretty obvious – a parent or caregiver has failed to protect their children from something that could have, or did, hurt them. But there’s actually so much more to it than that! The implication in this allegation is that you, as the parent of this child, you didn’t care enough to do something when your child was in danger. That you were too lazy, or too selfish, or too disengaged to make the effort. That you saw your child was at risk, and you did nothing. It’s heartbreaking for a parent who loves their child to be told they’re a bad parent.

CPS uses this allegation A LOT in Michigan!

Failure to protect in one of the most common allegations used by CPS workers here in Michigan. That’s because it covers a lot of bases, and can be used in a lot of different situations. What do we mean by that? Well, if a person has actively abused a child, or completely failed to provide for a child, then the charges are pretty clear cut – child abuse charges cover both abuse and neglect in Michigan. But for almost everything else, ‘failure to protect’ is easy enough to try and pin on a parent.

What situations would lead to a Failure to Protect charge?

There are many situations where CPS uses this charge. Here are a few of the most common examples:

• When a parent (usually the mother) is a victim of domestic abuse, but she doesn’t leave her abusive partner, she is accused of failure to protect her kids (even if they aren’t being harmed by her partner).
• When a parent (or parent’s partner) is abusing a child, and the child’s parent allegedly knows but does nothing to intervene (this could happen for many different reasons)
• When one parent (or parent’s partner) is allegedly abusing the child but the other parent doesn’t know. The police file charges against the abuser, and then CPS claims that the other parent knew about the abuse, and failed to protect the children.
• When a child allegedly isn’t being properly cared for by one parent (not enough food, water, improper access to a bed or a toilet) and the other parent doesn’t step in to ensure that the child’s basic needs are being met

Failure to protect can cost you your family!

Here at The Kronzek Firm, our mission is to defend parents from allegations that can cost them their parental rights, or their freedom. If you’ve being accused of failing to protect your children, you need to call The Kronzek Firm immediately at 866 766 5245 and get the help you need. Our skilled and experienced child abuse defense attorneys are standing by, 24/7, to help you fight this battle!