CHILD ABUSE AND NEGLECT DEFENSE
When you are accused of abusing or neglecting your child, your life can change forever. Not only could you be charged with a crime, the department of health and human services, responsible for child protection in Michigan, can seek custody of your child and place your child in relative placement or foster care.
In Michigan, the consequences for child abuse and neglect are severe. The end result could be termination of your parental rights, meaning that you would be separated from your child until that child attained 18 years of age. You may also face criminal charges. When you are accused, do not take the charges lightly. In fact, the moment child protective services becomes involved with your family, you should be represented by competent legal counsel. Do NOT wait until the Department of Human Services seeks custody of your child or children if you can help it. If you waited, make the call now. The earlier in the process your attorney becomes involved, the better.
If you are convicted of child abuse or neglect, you will be labeled and it will follow you for the rest of your life. Jodi J. Doak has extensive experience in defending child abuse charges and has been successful in keeping families together in very serious situations. In addition, Jodi J. Doak has worked for the court as a Guardian Ad Litem, assigned to protect the best interests of the child in these cases. In other words, Mrs. Doak has a variety of experience working from both aspects of child protection. This experience is vital in understanding the process and protecting your rights.
At the Doak Law Firm we have tried and defended cases in Child and Abuse and Neglect. A recent appeal to the Michigan Court of Appeals resulted in the reversal of a jury verdict and a later dismissal of the case against our client.
Protect your future now by contacting an attorney for a free consultation regarding your case. Make the Smart Choice. Call the Doak Law Firm today.
Can my rights be terminated to a new child if I have previously had my parental rights terminated to another child?
The short answer is yes. MCL 722.638 provides for termination of parental rights where there was a prior termination under the following circumstances:
“(ii) The parent’s rights to another child were voluntarily terminated following the initiation of proceedings under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state and the proceeding involved abuse that included 1 or more of the following:
(A) Abandonment of a young child.
(B) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.
(C) Battering, torture, or other severe physical abuse.
(D) Loss or serious impairment of an organ or limb.
(E) Life-threatening injury.
(F) Murder or attempted murder.
(G) Voluntary manslaughter.
(H) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.”
MCL 712A.19b also provides for termination where there was a prior termination of parental rights.
“(i) Parental rights to 1 or more siblings of the child have been terminated due to serious and chronic neglect or physical or sexual abuse, and prior attempts to rehabilitate the parents have been unsuccessful.”
“(m) The parent’s rights to another child were voluntarily terminated following the initiation of proceedings under section 2(b) of this chapter or a similar law of another state and the proceeding involved abuse that included 1 or more of the following:
(i) Abandonment of a young child.
(ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.
(iii) Battering, torture, or other severe physical abuse.
(iv) Loss or serious impairment of an organ or limb.
(v) Life-threatening injury.
(vi) Murder or attempted murder.
(vii) Voluntary manslaughter.
(viii) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.
(ix) Sexual abuse as that term is defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.”
“(b) The child or a sibling of the child has suffered physical injury or physical or sexual abuse under 1 or more of the following circumstances:
(i) The parent’s act caused the physical injury or physical or sexual abuse and the court finds that there is a reasonable likelihood that the child will suffer from injury or abuse in the foreseeable future if placed in the parent’s home.”