Michigan Legal Definition of Child Neglect
First-degree child abuse: knowingly or intentionally causing serious physical or mental harm. When the CPS files an application for negligence against one or both parents, this case takes precedence over any ongoing custody case. In other words, court orders issued in one CPS case result in the setting aside of another court`s order while the CPS case is pending. The legal definition of child neglect in Michigan is: harm or threat of harm to the health or welfare of a child by a parent, guardian or other person responsible for the health or welfare of the child, or (1) negligent treatment, including failure to provide food, adequate clothing, shelter or medical care, or (2) a child to a child exposes an undue risk to the health or well-being of the child due to the parent`s failure; The legal guardian or other person responsible for the health or well-being of the child intervenes to eliminate this risk if that person is able to do so and is or should be aware of the risk. First-degree child abuse is a crime punishable by up to life imprisonment. In a divorce or custody case, one parent could accuse the other parent of neglecting their child. The charge could have a real basis, or it could simply be an attempt to gain an advantage in a custody battle. If the allegations are unsubstantiated, most judges are able to see through false accusations of child neglect. Our family lawyers have seen so many custody cases where judges make these false accusations against the parent making them. Child abuse and neglect is illegal in Michigan. Child neglect means the careless treatment of a child, including failure to provide adequate food, clothing, shelter, or medical care. The table below summarizes Michigan`s child maltreatment laws and adults called mandatory abuse reporters. For more general information on crime, see Overview of Child Maltreatment.
Physical neglect is the failure to provide for your child`s physical needs. This means that you do not have to provide your child with enough food, water, shelter, clothing, medical care or supervision. Some cases of neglect claim that a parent has failed to protect a child from potential harm. Physical neglect can be detected in several ways, such as: through constant hunger, ill-fitting or non-seasonal clothing, and poor personal hygiene. It can also be recognized when a child is always stressed or anxious because they are constantly exposed to an extremely violent situation at home. In Michigan, a first child endangerment offense is a misdemeanor. If convicted, they face fines of up to $1,000, up to a year in jail and community service hours of up to 90 days. If the charge is related to an incident under the influence of alcohol, you may also suffer the loss of your driver`s licence. The Child Protection Services (CPS) program is responsible for investigating allegations of child abuse and neglect. Third-degree child abuse is a felony punishable by up to 2 years in prison. Resources to support easy and timely processing of information for agencies outside the state of Michigan investigating a known or suspected report of child abuse or neglect.
If you are under investigation for child abuse or neglect by police or child protection services, call us today! Your family`s future is at stake and you have no time to lose. Our experienced lawyers are ready to help you, no matter the situation! Depending on your case, you may also be placed on a Michigan “child abuse” list called the Central Registry. This can have a very negative impact on your future and your ability to find a future job. Going through a case of child neglect will definitely be an uphill battle. Child neglect: harm or threat of harm to the health or well-being of a child by a parent, guardian or other person responsible for the health or well-being of the child caused by any of the following: Physical, emotional, or sexual abuse of a child is considered a serious crime under most state child abuse laws. In addition, most states have so-called “mandatory reporting” laws that require certain professionals (such as doctors, teachers, and religious clergy) with regular access to children to report signs of abuse to the appropriate authorities. Michigan`s Child Abuse Act, for example, also lists counselors and social workers as mandatory reporters. Whatever your situation, being accused of neglecting children will be a terrible experience. You are likely to experience negative reactions from friends and family because you are labeled as an “incapable parent” or a “bad person” in general. The Michigan Department of Human Services (DHS) is the government agency responsible for investigating allegations of child abuse and neglect.
DHS will then make a recommendation to the family court as to whether you believe you are guilty of child neglect and/or that parental rights can be terminated. In addition, these reports are filed with the police for possible criminal charges of child abuse or neglect. Names are added to the National Registry of Abuse and Neglect if there is a preponderance of evidence that the person has abused or neglected their child and that the future risk to the child is high or intense. Another place where allegations of child neglect occur are CPS cases, also known as petitions. Kronzek Firm has a team of lawyers dedicated to fighting for parents against CPS across Michigan. The Child Sexual Abuse Prevention Task Force is tasked with making recommendations to reduce child sexual abuse in Michigan, including recommendations for state and school policies that address child sexual abuse. Child neglect is usually the denial of certain activities or needs that are important to the child`s well-being. Child neglect is different from child abuse, it has more to do with what a parent didn`t do than what they did. Violence is a physical or mental act against the child, such as kicking, hitting, biting or verbally attacking. Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means.