Suspected Child Abuse and Neglect Reporting During DUI
In the state of Michigan, anyone who suspects abuse or neglect can call Children's Protective Services and make a report. When a CPS worker receives a report, he or she will begin investigating the claims within 24 hours. This investigation typically begins with a visit to the home to speak with the alleged victim and perpetrator. If the CPS agent deems the child is in immediate danger, action will be taken to remove the child from the home as soon as possible to help him or her avoid potential harm.
The state of Michigan also has mandated reporters. Mandated reporters are professionals that are required to report any sign or suspicion of abuse or neglect. Some mandated reporters are social workers, child care providers, education providers, law enforcement, and human service workers. If you volunteer in any of the positions listed above, you may also be required by law to report signs of abuse or neglect. Understanding Michigan law will help you navigate your situation and keep children safe.
Understanding the CPS Investigation Process
When a CPS agent receives a call, he or she will determine whether or not an investigation is warranted. The caller does not have to have proof of abuse, but must have reasonable suspicion. The CPS agent will look at the identity and location of the child, age of the child, CPS jurisdiction, personal legal responsibility, and the details of the allegations. If all of the details of the case point to abuse, the CPS investigation will begin. An investigation consists of the following stages:
Interviews – The first step of a CPS investigation is the interview stage. The CPS worker will either visit the home of the alleged victim or perpetrator or call on the phone to conduct an interview. If the agent asks to interview the child alone, he or she must record the entire interview.
Examinations – The CPS worker may request a medical or psychological examination of the child. The parent may also have a trusted physician conduct an examination if they believe it to be beneficial.
Explanations – The CPS worker will hear explanations for 24 hours after interviews. The allegations will be explained to the alleged perpetrator and he or she will have a chance to explain the circumstances or the injury or potential safety concerns.
After the investigation has wrapped up, the caseworker will determine if there is evidence of abuse, neglect, or potential risk. Either the case will be dropped or a service plan will be drawn up to help promote the health and safety of the child. In some cases, the CPS worker may deem that it is necessary to temporarily remove the child from his or her home. The court will review the request and make a decision based on that evidence.
Penalties for Failing to Report Signs of Abuse or Neglect
If a mandated reporter fails to file a report of abuse or neglect in Michigan, he or she is guilty of a misdemeanor and may face up to 6 months in jail, a fine of $1,000 or both. If you've been accused of failing to report suspicion of child abuse or neglect and you are a mandated reporter, you need to hire a CPS attorney. A lawyer will help you explore the legal options available and help you prove your case. If you need help navigating your case, reach out to Grabel & Associates today.
Failure to Report and False Reporting of Child Abuse
We take every case that comes across our desk very seriously. If you are facing accusations of failure to report or filing a false report of abuse or neglect, please reach out to our staff as soon as possible. We will begin researching the details of your case as soon as you call and develop a customized approach to your defense that will prove your innocence. Do not let a small mistake ruin your future. Pick up the phone and dial our toll-free number today.
Our attorneys have been working in Michigan for over 15 years and understand what it takes to be successful in mandated reporting cases. If you have failed to report suspicion of child abuse involving driving under the influence, contact us online or call 1-800-342-7896 now.