Midland, MI asked in Juvenile Law and Family Law for Michigan

Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer can remove other kids from the home that are not under his jurisdiction?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: The PROBATION officer won’t but protective services may have issues.

I hope this is already in the works but, you NEED to have both legal and mental health professional assistance for your family. Seek that help right away.

Brent T. Geers agrees with this answer

Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with enforcing those conditions, a violation of which could result in your son being remanded into custody.

You, as the parent of these children, could find yourself in trouble with CPS if you allow or disregard your son's contact with your other children. That could result in CPS removing the children from your care under the theory of failing to protect.

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