The Fifth and Fourteenth Amendments to the United States Constitution protect parents’ custodial rights. If parents’ are accused of abusing or neglecting their children, the State of Michigan will remove the children from the parent’s home. In many cases after the children are removed, the court, the Family Independence Agency and other agencies will work closely with the family toward the goal of reuniting the family. If there is evidence that reuniting the family is not appropriate, the court may terminate the parent’s rights if it is necessary to protect the child.
The process often begins when one of the classes of professionals required to report potential abuse, calls the Protective Services Division of the Family Independence Agency because they have "reasonable cause to suspect" child abuse or neglect. Protective Services investigates the charges.
Once Protective Services completes their investigation they may conclude there is no abuse or neglect and not even open a file. Or Protective Services may conclude they can work with the family without court intervention. Alternatively, Protective Services may refer the matter to court by filing a petition. This petition causes the court to schedule a Preliminary Hearing. In Midland, Michigan, the hearing is usually held in front of a Juvenile Referee. If the Referee finds probable cause that the child has been abused or neglected, the child may be removed from the home of the parents.
The next visit to court after the preliminary hearing is called a Pre-Trial Conference. This is usually a meeting with the lawyers, the Family Independence Agency and the judge. If agreement is reached, a plea may be entered and the court acquires authority to give the family legally enforceable orders. This is called taking jurisdiction. If the parents or guardian do not agree with the allegations in the petition, they can request a jury trial or a trial where the judge is the fact-finder. The fact-finder decides whether the court’s further involvement is necessary. If the fact-finder decides that court involvement is unnecessary, the case is dismissed. If not, the court takes jurisdiction.
If a trial concludes with the court taking jurisdiction or after a plea is entered a Dispositional Hearing is scheduled. At this hearing, the court hears evidence and tells the parties what plan is adopted for the resolution of a particular case. Sometimes the plan is to reunite the family which may happen after several more hearings. Sometimes the plan is to terminate the parent’s rights.
If a party disagrees with the court’s decision, an appeal is possible under some circumstances. Consult an attorney for more information.