Department of Human Services policies on child abuse and neglect reflect laws of the state of Michigan, enacted by the state Legislature to safeguard children.

In Michigan, the Department of Human Services is responsible for investigating reports of suspected child abuse and neglect. Michigan's Child Protection Law defines child abuse and neglect as harm or threatened harm to a child's health or welfare by a parent, legal guardian or any other person responsible for the child's health or welfare.

About Children's Protective Services

The purpose of Children's Protective Services (CPS) is to assure that children are protected from further physical or emotional harm caused by a parent or other adult responsible for the child's health and welfare and that families are helped, when possible, to function responsibly and independently in providing care for the children for whom they are responsible.

The CPS program is based on the conviction that protection of children is primarily the responsibility of parents. When parents and other responsible adults fail, and children are harmed or are at sufficient risk to warrant intervention, CPS intervenes to safeguard the rights and wel­fare of children whose families are unable or unwilling to do so.

By law, the department has the responsibility to receive and to respond to any complaint of child abuse, child neglect, sexual abuse, sexual exploitation, maltreatment or improper custody.

In each case being investigated (with a few exceptions), CPS must complete a safety assessment to identify present or immediate danger of harm to a child during the investigation and at other important points during the life of the case. CPS must also assess the risk of future abuse and/or neglect to the child.

Because children have a right to be with their own parents, the ultimate objective of CPS is to protect children by stabilizing and strengthening families whenever possible through services, either direct or purchased, to the parents or other responsible adults to help them to effectively carry out their parental responsibilities. Whenever possible, kinship caregiv­ers should be engaged to assist parents to take adequate care of their children. When appropriately assessed, planned for and supported, kin­ship care is a child welfare service that reflects the principles of a child-centered, family-focused casework practice. In this system, the child's need for safety, nurturance and family continuity drives service delivery and funding by responding to the culturally and ethnically diverse chil­dren and families we serve.

Children's needs are considered in the context of having a family with a focus on maintaining and building family ties. This approach acknowl­edges the integrity of kinship care networks as described by families, respects family strengths and diversity, builds upon family resources, and works to strengthen families by preventing the unnecessary sepa­ration of children from their families. Family members are viewed as collaborative partners in service delivery with interventions offered to strengthen and, when necessary, increase the ability of kinship care family networks to care for children by achieving family connectedness.

Each complaint to CPS must be evaluated to assess the risk to the child and to determine the potential for positive change. Child protection, therefore, is a child centered, family focused service. Efforts must be made to keep families together. Placement of children out of their homes should occur only if their well-being cannot be safeguarded in their families or current law requires a petition to terminate parental rights and the child cannot remain in the home safely. Kin should be the first choice of placement whenever the child can be safely placed with them.

Children's Protective Services Statistics

Children's protective services specialists investigate reports of suspected child abuse and neglect. There were 123,149 complaints filed with the DHS during the 2007 fiscal year. In that year, CPS specialists conducted 67,756 investigations and found evidence of abuse or neglect in 17,748 cases affecting 29,638 children. Of complaints not investigated, 57% did not meet the standard of child abuse or neglect. The most predominant forms of maltreatment are physical neglect and physical abuse. In approximately 90 percent of all cases the perpetrator is the parent.
Children's Protective Services Complaints Investigated
Children's Protective Services Statistical Data

Termination of parental rights

Under state law in certain egregious cases, the DHS must file a petition for termination of parental rights at the same time a request to remove a child from his or her home is made. Michigan law defines the egregious cases to include the following:

• Abandonment of a young child.
• Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.
• Battering, torture, or other severe physical abuse.
• Loss of impairment of an organ or limb.
• Life threatening injury.
• Murder or attempted murder.

For a parent to use corporal punishment on their child is not a violation of state law. It becomes a matter of abuse if and when an injury occurs.

See State Law .

Michigan's Child Protection Law also requires a termination petition to be filed if a parent, legal guardian, or custodian fails to protect the child from someone else who abuses them in the ways listed above. Petitions are not filed in situations where the parent or caretaker is not aware that an individual residing in the home presents a risk of harm to the child.

The DHS must also file a petition for termination of parental rights if the parent's rights to another child were terminated in Michigan or another state and there is current risk to children in the home. See State Law . Termination of rights includes situations in which:

• A court terminated a parents' rights because the parent abused or neglected the child.
• A parent voluntarily releases their parental rights and the child is a temporary court ward due to abuse or neglect.

It is important to remember that DHS files termination petitions as required by law and the courts act on those petitions. However, the court cannot actually terminate parental rights unless it:

• Has grounds to take jurisdiction of the child (the child has been abused or neglected),
• Has clear and convincing evidence that there are grounds to terminate parental rights and
• Determines termination of parental rights is in the best interest of the child.

See State Law .