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Michigan Juvenile Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

Brent T. Geers
Brent T. Geers answered on Nov 8, 2021

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... Read more »

1 Answer | Asked in Juvenile Law for Michigan on
Q: My 15yr old granddaughter and her 4 younger siblings were removed .put in separate homes parents havent contacted cps

The fifteen year old and her siblings are extremely close they are placed in 3 homes 3 different counties . She wants to see her siblings and she is told because her parents haven't contacted cps she can not. She has about 8 months till she turns 16 and would like to make steps toward... Read more »

Brent T. Geers
Brent T. Geers answered on May 3, 2021

That's a tough situation. The siblings will be assigned an attorney - a lawyer guardian ad litem - who can help work through that issue.

1 Answer | Asked in Internet Law, Juvenile Law and Military Law for Michigan on
Q: How can a victim get information on the defendants release information

A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: I'm in Michigan and a minor I know has a climate of terror in their house, can I apeal for guardianship?

They are afraid to sleep and dont feel safe, they have said they have to beg in order not to be touched and they are just plain scared.

Brent T. Geers
Brent T. Geers answered on Mar 19, 2021

You should contact Child Protective Services. Depending on your profession, you may in fact have a legal obligation to do so (Mandatory Reporter). No, you can't just apply for guardianship though.

1 Answer | Asked in Juvenile Law for Michigan on
Q: Can a 14 year old child in court make his own plea over his father's decision
Brent T. Geers
Brent T. Geers answered on Nov 2, 2020

Yes. The child would have an attorney, and would be entering a plea with that person's advice, not a parent's. At times, when a judge believes a parent may be acting against a child's best interest, a GAL could be assigned to the case as well.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Michigan on
Q: I was tried as an adult at 16 on a drug charge, should I sue the state for sending me to prison underage.
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.

1 Answer | Asked in Juvenile Law, Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Can I request that my fourteen-year-old daughter be locked up at the juvenile detention facility? Just for a short time?

Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 26, 2020

Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.

If you have the resources, you should look into counseling, perhaps even inpatient.

1 Answer | Asked in Juvenile Law for Michigan on
Q: Does a juvenile probation officer have the right to enter my home for an unannounced home visit w/o a parent being home

My 15 year old son currently has a juvenile case. He has made all his probation appointments and is doing everything the probation officer had asked him to do. Twice now the probation officer has done an unannounced home visit and entered my house without me being home. Does he have the right to... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Probably not best practice for a number of reasons, but I believe if your son is home, the probation officer can visit at any time. Remember, probation is a grace granted by the court as an alternate to jail - or in the case of juveniles, detention.

I would mention this and your concerns to...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: am i allowed to buy alcohol while im 21 years old but haven't received my new license
Brent T. Geers
Brent T. Geers answered on Jun 9, 2020

Yes. Your current license has your birthdate on it, and so when they check it, they will know your age.

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Michigan on
Q: Can a 12 year old boy be represented in the court by someone that’s 15 years old even if there is a legal attorney?

Even if the 12 year old has an attorney can the 15 year old boy be the main representative but under the guidance of an attorney?

This is not a true scenario but for the future is any of this possible? Also the 15 year old boy would know about the laws and know the rights, crimes, possible... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 2, 2020

No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: I have a question. I live in Michigan and I am 35. I was barely talking to a 17 year old. Can I get into trouble
Brent T. Geers
Brent T. Geers answered on Apr 6, 2020

I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.

What seems...
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1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What could I do if a court came to a conclusion without a trial?

My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 15, 2019

Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?

1 Answer | Asked in Juvenile Law and Probate for Michigan on
Q: Im 18 and on probation in Michigan and I’m dating a 16 year old girl. Is this illegal?
Trent Harris
Trent Harris answered on Nov 5, 2019

It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could... Read more »

1 Answer | Asked in Juvenile Law for Michigan on
Q: My 17 year old daughter was on camera at school she pushed her 16 year old boyfriend can she be arrested

They were arguing and he got in her face they are still seeing each other

Kyle J. Bristow
Kyle J. Bristow answered on Nov 4, 2019

She can be charged with assault or domestic violence.

Your daughter should not talk about the situation with anyone and she should consult with a criminal defense attorney if she believes that she may be charged with a crime.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: Can an adult above the age of 21 be charged for 2nd degree sexual assault that they committed it at age 16 in Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 2, 2019

Yes. The relevant statute of limitations is what is important.

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?
Kenneth V Zichi
Kenneth V Zichi answered on Jun 19, 2019

LEGALLY you aren't an adult until your 18th birthday.

PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.

Before you do anything however, it...
Read more »

1 Answer | Asked in Domestic Violence and Juvenile Law for Michigan on
Q: I live in Michigan. I was arrested for domestic violence. I had a fight with my brother that went a little too far.

I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?

Brent T. Geers
Brent T. Geers answered on Jun 13, 2019

The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that... Read more »

1 Answer | Asked in Domestic Violence, Juvenile Law and Small Claims for Michigan on
Q: Can I be prosecuted?

After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.

Jeffrey Buehner
Jeffrey Buehner answered on May 10, 2019

If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: If a child is on probation, can the school teachers contact (via phone, email, messaging) their probation office?
Brent T. Geers
Brent T. Geers answered on May 9, 2019

Good question. There probably is some interplay regarding what is protected information under FERPA and to whom. I do know that as a ward of the court (which a juvenile is while on probation), a probation officer has a lot of leeway into the child's life, and so I do believe the probation... Read more »

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