Child Abuse and Neglect

Michigan Child Abuse Attorneys

Under Michigan Law there are several different degrees of Child abuse and neglect all carrying substantial criminal penalties.  You can be charged with Child abuse and neglect for intentional, knowing, willful, negligent and reckless acts. 

First Degree Child Abuse is the most serious offense in the spectrum of Child Abuse and Neglect.  In order to prove this charge the prosecutor must show that the parent/guardian of a child (under the age of 18) who had care or custody of a child or authority over the child while the abuse occurred either knowingly or intentionally caused serious physical harm or serious mental harm to the child. 

!          Serious physical harm requires a physical injury to the child that seriously            impairs the child=s health or physical well-being.   This includes but is not            limited to, brain damage, skull or bone fracture, subdural hemorrhage or            hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or            severe cut.

Not only must the prosecutor prove that you knowingly or intentionally injured the child but that you also intended or knew that the result of your actions would cause serious harm to the child. 

Often times when a child has an unexplained serious injury the parent will be charged with abuse.  As skilled defense attorneys, we realize that there are many ways for a child to receive an unexplained injury, including certain medical conditions, injury at the hands of another caregiver or sibling, or an accident where the parent was not present.  Despite the fact that there are many possible explanations for an unexplained injury, the prosecutor will focus on the parent as the wrongdoer because they are the easiest target.  It is important to quickly obtain competent representation to assist in defending claims of abuse or neglect.

Second Degree Child Abuse includes:

!          willfully failing to provide food, clothing or shelter necessary for the welfare            of the child and that it resulted in serious harm;

!          committing a reckless act that resulted in serious physical harm to the child;

!          knowingly or intentionally doing a cruel act to the child. (Acruel@ means            brutal, inhuman, sadistic, or that which torments, even if the child is            unharmed by the act.)

Third Degree Child Abuse requires only a knowing or intentional act against a child that caused physical harm.  Unlike First Degree Child Abuse, there is not requisite showing of serious harm to the child, the prosecutor must simply show that the child has been harmed in some way.

Finally, Fourth Degree Child Abuse, while still a very serious charge is the least severe of the child abuse crimes.  Fourth Degree Child Abuse requires either of the following:

!          showing that the parent/guardian willfully failed to provide food, clothing, or            shelter necessary to the child and that the child suffered physical harm as a            result; or

!          showing that the parent/guardian committed a reckless act that resulted in            physical harm to the child.

PARENTAL DISCIPLINE

Contrary to popular belief, corporal punishment or punishment by force is not illegal.  However, this does not mean that a parent is entitled to use any amount of force.  The law permits a parent to use only that force which is reasonable.  If you have been charged with abuse for using excessive force on your child the prosecutor must prove beyond a reasonable doubt that the force used was not reasonable as discipline.  Effective counsel is imperative for people charged with using excessive force to discipline their child.

PARENTAL KIDNAPPING

CHILD PROTECTIVE SERVICES

In addition to criminal penalties for the crimes enumerated above, a parent who has been arrested for child abuse or neglect or child sex crimes risks termination of his or her parental rights.  Even the casual comment made by a your child, a neighbor=s child, a complaint by a student, a patient-doctor relationship gone bad or a difficult divorce can all result in potential CPS investigation and possible termination of your parental rights. It is you and your attorney alone who can turn the tide in your direction.

It is possible that you could be acquitted of all criminal charges against your child and still be investigated by CPS.  The reason for this is that the standard of proof in a CPS case is different from a criminal case, and the state is in a very powerful position to take your children away.

In Michigan, CPS uses very coercive and bullying tactics.  They will often threaten to take your children away immediately if you fail to cooperate with their investigation.  While they may promise you that they will try to keep your family together, they will be persistent in gathering information that can be used to tear your family apart.  Any officer, county agent, or probation officer may, without court order, may immediately take a child into custody if the child=s Asurroundings are such as to endanger his or her health, morals, or welfare . . .@ MCL 712A.14(1).  Moreover, you must be aware that allegations of abuse against one child may be used as evidence to remove or terminate your parental rights of another child, even an unborn fetus.

Even if CPS fails to terminate your parental rights, they may be able to keep your family within the jurisdiction of the court for a substantial amount of time only allowing you to see your children for short periods of time and under constant supervision.   Before you consider a guilty plea or consent to the jurisdiction of the court based on a promise that the state will not pursue termination of your parental rights be sure you fully understand all of the consequences of your plea.