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Contact Daniel Ambrose directly for fast answers to your Criminal Law Questions at the Office at (248) 624-5500, on his cell phone at (248) 808-3130 or by email at daniel@ambroselawgroup.com |
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| CHILD PROTECTIVE SERVICES |
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CAN THEY TAKE MY CHILD? |
The simple answer is yes. Child Protective Services (CPS), under the Department of Human Services (DHS) has the ability to petition courts for removal of your child from the home or to remove you from the home. |
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Dan with Ebony Nelson |
Contact Daniel Ambrose to assure that your rights are not trampled at
daniel@ambroselawgroup.com
Call him directly, on his cell phone, at (248) 808-3130 |
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Who Would Report Something? |
Teachers, doctors, social workers, school administrators, police officers, nurses, marriage therapists, and many others.
One allegation is all it takes
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Abuse
Statistics show that in 2007, only 26% of investigations resulted in a "preponderance of the evidence" finding that the abuse occurred. In place of that, about 3 out of four petitions to the court fall short of proving abuse. During that length of time the accused parent can lose everything, and their friends and neighbors may have already labeled them.
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Child Protective Services has three choices when they receive a complaint of abuse:
1. They can reject the complaint. This would seem to require the least amount of work. However, it actually requires more work to find out that a parent is innocent. For example, it's a lot easier to just believe the complaint and to not look any further into any allegations.
2. They can assign the complaint for investigation. This usually means a case worker/investigator will then come out to the home to ask questions and to corroborate what is stated in the complaint.
3. Lastly, they can transfer the case to another agency for investigation.
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MY CHILD GETS HURT PLAYING ALMOST DAILY |
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Child Protective Services (CPS) considers the following possible signs of abuse:
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Physical Indicators CPS considers |
Excessive bruising, missing clumps of hair, bite marks, puncture wounds, swollen lips, chipped teeth, unexplained burns, puncture wounds and bruising behind the ears.
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Emotional Indicators |
Self destructive behavior by the child, discomfort with physical contact, arriving late to school, staying late at school as if afraid to go home, inappropriate clothing for the weather, complains of soreness, and a lack of impulsive control.
WARNING: Many parents know that the factors listed above could be present for a myriad of reasons other than abuse. However, when the accusations start against you, it is up to the government to make determinations about you. This may sound unfair, but it is reality. |
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THE INVESTIGATION OF YOUR PERSONAL LIFE |
A parent's life is turned upside down when an allegation is made. If an investigation begins, it consists of one or more of the following:
- Face to face interviews with your child and with you
- Unannounced home visits.
- Talking to your relatives, neighbors, friends, and others.
- Looking up your criminal history and other records.
- Interviews with your child at school.
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WHAT DOES CPS CONSIDER ABUSE? |
The Department of Human Services gives a definition of abuse on their website:
"Child abuse means harm or threatened harm to a child's health or welfare that occurs through non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy. Note: DHS does not investigate child abuse by a teacher, teacher's aide or a member of the clergy. DHS will transfer these types of complaints to law enforcement."
DO NOT LET THE STATE LABEL YOU!
Call Daniel Ambrose to get answers. He will fight for you, bringing the truth out about the allegations against you. Simply giving in to what the State wants may affect the rest of your life and your relationship with your child.
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CATEGORIES: CPS "DETERMINES" WHAT IS HAPPENING |
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After investigating, Child Protective Services fits the issue or incident into one of five categories:
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CATEGORY I |
This is a determination that there is a preponderance of the evidence that there is child abuse or neglect that has occurred or is occurring. A petition will be filed and services will be provided by Child Protective Services or by foster care. Parental rights can be terminated. The risk assessment is intense.
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CATEGORY II |
This is a determination that would be similar to Category I, and the risk assessment in this situation is high. Services are provided by CPS.
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CATEGORY III |
This is a determination that there is a preponderance of the evidence that there is child abuse or neglect, but the risk is low or moderate. CPS will make community-based service referrals in these cases.
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CATEGORY IV |
In these cases, there is not a preponderance of the evidence and insufficient evidence of child abuse or neglect. CPS will assist the family in participating in community based services.
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CATEGORY V |
These are cases where Child Protective Services is unable to locate the family or no evidence of child abuse or neglect is found.
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