Asked in Family Law for Michigan

Q: Do I have to do a home visit when my dad is the one being investigated by CPS for spanking my son?

Back in June my dad spanked my son for the first time he’s ever been spanked. It was handled in our household. A week ago my sister was venting to her therapist about family drama and the spanking was mentioned. Therapist reported it to CPS and they opened an investigation. They said they had to see my son that night or they would be calling the cops. After saying that it is not illegal to spank kids (I don’t allow it in my house). Again, my husband and I are not under investigation. We complied with their fear tactics. Now they are saying it’s mandatory they do a home inspection. I don’t want them in my house and for all this crap with them to stop. What is my obligation with the home visit and such.

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1 Lawyer Answer

A: Depending on a number of factors, they could either continue to "close" the case or file a petition, with or without a request to remove the child. In the short term, they will likely continue to insist on a home visit before "closing" the case, or use your resistance as justification to "substantiate" you, which could place you on Central Registry.

If you haven't already, you should be in contact with a lawyer who knows how to deal with CPS issues.

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