Saginaw, MI asked in Family Law for Michigan

Q: If cps put a warrant out for child neglect on me is it automatic child removal? Michigan

Overdosed child was present cps opened investigation I did home visits and drug tested dirty one time told them it would be dirty then stopped drug testing an stopped answering calls and they put warrant out for my arrest for misdemeanor child neglect in august of last year what is going to happen when I turn myself in will they take my child

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: To begin, understand that CPS and the prosecutor are two separate entities. CPS is an investigative agency, much like the police. And like the police, all they can do is ask or recommend that the prosecutor do something.

CPS can initiate a petition for removal, which is actually a civil action. They likely would have done so by now, and you don't need to be arrested for that to happen - in fact, people rarely are arrested when faced with removal of children. Instead, you are facing a criminal charge. When you turn yourself in, you will be arraigned and issued some type of bond, and have full right to a trial.

This is not to say that CPS will never petition for removal, because they absolutely can. You can have children removed AND be criminally charged, although more typically one or the other happens.

I would suggest making arrangements to turn yourself in sooner rather than later. Warrants have a way of turning their ugly head precisely when you can least afford it to happen - e.g., you're on your way somewhere important and get pulled over for something stupid like a tail light, and off you go to jail until you can see a judge the next business day. And it's much easier to get a low bond or be released on personal recognizance when you can say you turned yourself in instead of having to be picked up.

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