Detroit, MI asked in Child Custody, Domestic Violence and Family Law for Michigan

Q: If a cps case was opened based on a child’s said abuse and later closed for lack of evidence even with the child’s word

Can I ask for a new investigation because after speaking with several specialists they don’t understand why the child’s word and the defendants history wasn’t enough evidence

1 Lawyer Answer

A: Short answer is no. CPS is like the police; when you call the police, they come out and do an investigation. Sometimes they arrest people, sometimes they give a warning, sometimes they find nothing. The point is that once you call CPS, what and how they do their investigation is up to them - you do not control that.

Doesn't matter what these specialists say. They do not have investigative authority. It's no different than you and a neighbor agreeing that the police should have arrested your other neighbor; it has no bearing on what CPS or the police can or should do. And if they are credentialed specialists, they are probably mandated reporters by law, and so if they are so concerned, they can make their own report to CPS.

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