Legal Question in Family Law in Michigan

I was wondering what exactly would constitute as being an unfit mother, enough for CPS to get involved and possibly remove the child.


Asked on 7/28/09, 1:10 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

There are a variety of factors that CPS considers, however, such a determination is based on the totality of the circumstances, and is made after a thorough investigation. CPS would look at a person's criminal history (including any prior CPS reports, whether action was taken or not), ability to financially and emotionally provide for a child, any problems with substance abuse, mental disease or disabilities, any prior incidents of physical, sexual, or verbal/psychological abuse, the cleanliness of a house and overall living situation, the person's overall stability (such as whether they move residences a lot, switch jobs every month, etc)., and ability to make proper decisions regarding the child's best interests and health. This list is not inclusive and the weight given to each factor varies depending on the circumstances. In other words, there is no exact, decisive formula.

CPS will get involved regardless of whether they think a parent is "unfit" or not - that is not a determination that is made when an investigation is opened - that is a determination at the end. If you have a reason to believe that a parent is not providing proper nutrition, health care, or a living situation for a child, or is subjecting the child to abuse or neglect, then you should report it to CPS. You can remain anonymous. There is no criminal penalty for filing a report with CPS that turns out to be false, unless you made it maliciously and knowing that it was false, i.e., you purposely made a false report to retaliate against someone, or gain leverage in a custody proceeding.

You can always contact a CPS office and briefly explain what you think may constitute abuse and neglect and ask if you should file a formal report. It is always best to trust your gut, and better to be safe than sorry. That is why CPS investigates reports that seem minor or unsubstantiated, because you never know.

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Answered on 8/02/09, 2:20 am


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