Termination of Parental Rights / Post Termination Review
If there is preponderance of evidence that you or a loved one abused or neglected your child, you may face termination of parental rights and criminal charges. The first step in combatting these charges is contacting a seasoned Michigan CPS attorney. A lawyer will walk you through every stage of your CPS-related case, protecting your legal rights during the administrative investigation and advising you of the best course of action if your case goes to court. Your lawyer will also keep the best interest of your child in mind, helping you find the best place for your child to stay while you fight to prove your innocence.
If a CPS worker has visited your home or asked to interview you or your children, call the Grabel & Associates team today. The sooner you connect with a member of our team, the more we can do to protect your parental rights and keep your child in your home.
The Stages of a CPS Investigation
An investigation begins when an individual calls in a report of child abuse or neglect to CPS. The worker assigned to the case will have 24 hours to begin the investigation and up to 30 days to complete it. The investigation typically consists of interviews with the alleged victim and perpetrator, as well as anyone else involved in the case, a viewing of the child’s living conditions, reviewing the necessary documents, and having the child examined by a doctor. After the CPS worker has thoroughly reviewed the evidence, he or she will be responsible for assessing the situation and determining what action needs to be taken. The case will be placed into one of five categories, depending on the evidence uncovered by the CPS worker. From there, the necessary steps to protect the child will be taken. If the child is in danger of any kind, he or she will most likely be removed from the home and placed in the care of a family member or friend or in a foster home.
What Happens When Parental Rights Are Terminated?
If the parent is responsible for abusing, neglecting, or failing to protect their child, DHS may request termination of parental rights. This termination may be temporary or permanent, depending on the details of the case, the parents’ willingness to cooperate, and the process used.
If the child remains in placement, the court must conduct post-termination review hearings. These hearings will help the court determine the effectiveness of the child’s placement, permanency plan, and if reasonable efforts are being made to get the child in a permanent location. The Post-Termination Review Hearing must be held when the child is committed to the MCI or when the child is a permanent court ward, within 91 days of termination of parental rights, every 91 days for the first year, and every 182 days the second year.
Termination Review Hearings are meant to protect the well being of a child. During the hearings, the court will look at reasonable efforts to finalize permanency, the child’s well-being, and pre-determined judicial findings and orders. Some of the required judicial findings and orders are as follows:
- Determine if efforts are being made to reach a permanent solution for the child.
- Determine the effectiveness of the permanent solution based on what the child wants.
- Order actions by agency to expedite the permanency plan.
- If the permanency plan for the child is Another Planned Permanent Living Arrangement, explain why.
- Place the child with DHS.
- Schedule a follow up hearing.
Our Approach to Cases Involving Termination of Parental Rights
The Grabel & Associates team understands that cases involving children under the age of 18 are difficult to navigate. We are prepared to devote ample time and attention to your case, and will help you develop a course of action that will be beneficial for your child. We can walk you through the stages of your case and help you plan ahead, resulting in a less traumatic experience. If you or someone you love is facing child abuse and neglect charges, give us a call today. We’re available 24/7 to review the details of your case and provide you with a free initial case consultation.
Contact Us for Legal Defense in Michigan
Getting in touch with us is simple. Just pick up the phone and dial 1-800-342-7896 to speak with a talented member of our team. We’re ready to step in at any stage of your case and will devote ample time and energy to aggressively fighting for you.