Holt, MI asked in Family Law and Child Custody for Michigan

Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter. No mention of them taking her prior to court was ever made. I wanted to have a hearing and the court to say if I had to do that but within 2 hours of the cps workers abrupt stop of communication found out that they were there to take my daughter. I believe I should have been informed accurately of all facts and wasn’t. In addition they have not given me any information other than a notice of central registry &notice of next hearing & ph# of foster care worker. I’m supposed to have supervised visits and have not. She was placed in ind living and even though I informed them of relationship with 21 year old they are doing nothing and ignoring me. Please advise

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1 Lawyer Answer

A: I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now before the court is whether your daughter can safely be returned to your care. We don't know nearly enough about your situation to guess, and this forum isn't the appropriate venue to discuss that. I simply surmise that the program they wanted you to do would have helped satisfy CPS that your daughter could remain in the home. Whether that's right or wrong, it's for a judge or referee to determine now that a petition has been filed.

Child protective proceedings are about the children and the parents. You will not get very far in this process shifting blame on CPS about your daughter's relationship with a 21 year old. The key now is to listen to the lawyer assigned to you, and do everything presented in the parent-agency agreement.

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