What CPS Can and Cannot Do in Michigan

Michigan CPS Guide: What They Can and Cannot Do

Understanding Your Rights When Child Protective Services Investigates

If Child Protective Services (CPS) contacts you in Michigan, it’s crucial to understand both their authority and your rights. This guide explains what Michigan CPS can and cannot legally do during an investigation, helping you protect your family while cooperating appropriately with child welfare officials.

Important Disclaimer

This guide provides general information about CPS procedures in Michigan. Every situation is unique. If you’re facing a CPS investigation, consider consulting with a family law attorney who can provide advice specific to your circumstances.

What CPS Can Do in Michigan

Investigate Reports

CPS is responsible for investigating allegations of child abuse and neglect in Michigan. Depending on the nature of the case, CPS must start its investigation within 12 to 24 hours of receiving a report.

Investigation Timeline

High-priority cases: Investigation begins within 24 hours
Face-to-face contact: Investigator must meet the alleged child victim within 24-72 hours
Investigation completion: Typically within 30 days

Interview Children

CPS caseworkers can interview children without parental consent in certain circumstances:

When the child is an alleged victim of abuse or neglect
When the caseworker has reason to believe abuse or neglect occurred
Interviews can occur at school without prior parental notification
Parents must be notified after the interview, but not necessarily before

“If CPS determines that they need to talk to your kids without notice, the school has to cooperate and let them. They have an obligation to notify you afterwards, but not before.” — Michigan CPS Policy

Emergency Child Removal

In extreme situations, law enforcement can remove a child immediately without a court order if:

There is reasonable cause to believe there is substantial risk of harm to the child
Immediate removal is necessary to protect the child
After removal, the government must receive court permission before placing the child in another home

Court Actions

After an investigation, CPS can file a petition in court that seeks to:

Require services for the family
Remove children from the home
Terminate parental rights (in severe cases)

What CPS Cannot Do in Michigan

Enter Your Home Without Permission

“CPS cannot enter a private residence without a warrant or parental consent, unless exigent circumstances exist.” — Fourth Amendment Protection

Key points about home entry:

You have the right to refuse entry to CPS workers
The presence of a police officer does not change this right
Only a court order or warrant can compel entry
Your Fourth Amendment rights apply to CPS encounters

What If They Have Police With Them?

CPS workers may bring police officers, but this doesn’t give them additional authority to enter your home. Unless they have a court order or warrant, you can still refuse entry. However, refusing may prolong the investigation or lead CPS to seek a court order.

Remove Children Without Court Authority

Usually, caseworkers cannot take children from their homes or restrict parenting time unless they:

Obtain court permission for removal
Face a genuine emergency where immediate harm is imminent

Disclose the Reporter’s Identity

Parents named in reports do not have the right to know who reported them. The reporter’s identity can only be revealed with:

The reporter’s consent
A court order

Your Rights During a CPS Investigation

Constitutional Rights

Right to remain silent: You don’t have to answer questions
Right to refuse entry: Fourth Amendment protects your home
Right to an attorney: During court proceedings, one will be provided if you can’t afford one
Right to see CPS records: Both parents can view investigation files (except reporter identity)
Right to record: Michigan is a one-party consent state — you can record your conversations with CPS

Access to Records

Both parents have the right to:

See CPS reports from the investigation
View everything in the CPS file except the reporter’s name
Request amendments to inaccurate reports or records

Notice Requirements

If CPS confirms an allegation of abuse or neglect against you, you must receive notice within 30 days of the finding.

Case Categories in Michigan

Michigan CPS categorizes cases based on severity:

Category	Description	Consequences
Category I	Preponderance of evidence supports abuse/neglect	Placed on Central Registry; may affect employment
Category II	Services needed to prevent future abuse/neglect	Case opened for services; not on Central Registry
Category III	Community services recommended but not required	Case closed; referral to services
Category IV	No evidence to support allegation	Case closed; no services
Category V	Insufficient evidence to determine	Case closed

What to Do If CPS Contacts You

Stay calm: Don’t panic. Many CPS investigations are closed without action.
Know your rights: You can refuse entry and refuse to answer questions.
Consider cooperating strategically: Complete refusal may prolong investigation.
Document everything: Michigan allows you to record conversations you’re part of.
Contact an attorney: Especially if allegations are serious or if court action begins.
Don’t sign anything: Without understanding what you’re signing or consulting an attorney.

Need Legal Help?

If you’re facing a CPS investigation in Michigan, consider consulting with a family law attorney. Many offer free consultations for CPS cases. Michigan Legal Help (michiganlegalhelp.org) also provides free resources.

Frequently Asked Questions

Can CPS take my children without a court order?

Generally, no. However, law enforcement can remove children immediately without a court order if there’s reasonable cause to believe there’s substantial risk of imminent harm. Court approval is then required before placement.

Do I have to let CPS into my home?

No. You have the Fourth Amendment right to refuse entry. However, CPS may seek a court order if you refuse, which could prolong the investigation.

Can CPS interview my child at school without telling me?

Yes. CPS can interview children at school without prior parental notification. They must notify you after the interview.

Can I find out who reported me to CPS?

No. Reporter identity is confidential and can only be disclosed with the reporter’s consent or a court order.

Can I record my conversations with CPS workers?

Yes. Michigan is a one-party consent state, meaning you can legally record any conversation you’re part of without informing the other party.