Child Protective Services - An Attorney Who Will Fight For Your Rights

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The Michigan Court of Appeals recently decided a case In the Matter of A. Ellis, Minor. In that case, a 2 month old child was taken to the hospital with severe injuries. He suffered from skull fractures, bleeding and swelling inside the skull, broken ribs, a broken arm, and broken legs. Child Protective Services (CPS) immediately got involved in the case. CPS accused the parents of physically abusing the child. Both parents admit that they were the only caretakers of this child, but both deny that they were the one who caused his unexplained injuries.
 
The judge ordered that the rights of the baby’s mother and father be terminated. The parents appealed the case to the Michigan Court of Appeals. They argued that there is no evidence against either of them that they were the perpetrator of any child abuse, and therefore the child should not be taken from them. However, the Michigan Court of Appeals affirmed the trial court’s ruling, stating that there need be no “definitive evidence regarding the identity of the perpetrator, where the evidence does show that the respondent or respondents must either have caused or failed to prevent the child’s injuries.” This ruling exemplifies the client's need for an Attorney who is willing to fight every step of the way for your interests. When you have only one attempt to make the best record on your case, you need to be certain that everything is being done to protect your rights. At The Cutler Law Firm, we understand that every case may be reviewed before the Court of Appeals and that Court record may be reviewed de novo by a panel of Justices.
 
Due to the lack of evidence to the contrary, the Court of Appeals found that the caretaking parent must have caused the injury, or he or she must have failed to prevent the injury. According to the Court of Appeals, either of these situations offer sufficient grounds for a judge to terminate a parent’s parental rights. This horrible conclusion creates an dangerous situation for parents with a sudden unexplained injury to a child. Any unexplained injury can be used to terminate a parent’s parental rights. The government does not have the burden of proving who harmed the child. 
 
The Cutler Law Firm advocates for parents. We are concerned about the effect this case will have on Michigan families. On many occasions an injury to a baby or infant is unexplained, however, now CPS will argue that the injuries resulted from certain types of abuse. In order to avoid termination of parental rights, the defending parent must convince a jury or judge that the allegations are wrong, and also that they did not cause—or fail to prevent—any injuries to the child. Without hiring the right attorney, innocent individuals are at a severe disadvantage.
 
Hiring qualified medical experts and experienced trial attorneys can be very expensive, however The Cutler Law Firm recognizes that the risks are to high to not properly prepare and argue the strengths of each and every case. The net effect of rulings like the Ellis ruling is to shift the burden to the parents to prove who the perpetrator is or that the injury was not caused by abuse.
 
At The Cutler Law Firm, we defend against false allegations of child abuse. If you have need of an experienced and effective attorney who has been able to achieve numerous favorable results for families, feel free to call us for an immediate consultation (248) 489-8780 or complete THE CONTACT FORM.
Child Protective Services - Attorneys Who Will Fight For Your Rights - Cutler and Associates, P.C. - freeconsultation
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