Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Child protection (2)
- Child welfare (2)
- Children (2)
- Termination of parental rights (2)
- Battered women (1)
-
- Child Advocacy Law Clinic (1)
- Child maltreatment (1)
- Child removal (1)
- Constitutional matters affecting child protection law and procedure (1)
- Custodial right (1)
- Denial of counsel (1)
- Detroit Center for Family Advocacy (1)
- Domestic violence (1)
- Foster care (1)
- Harmless error standard (1)
- Hearings (1)
- Juvenile courts (1)
- Law school clinics (1)
- Lawyers (1)
- Michigan Family Law (1)
- Parents (1)
- Protective custody and preliminary inquiries and hearings (1)
- Right to a fair trial (1)
- Right to counsel (1)
- State courts (1)
- University of Michigan Law School (1)
- Victims (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Child Protection Law And Procedure, Frank Vandervort
Child Protection Law And Procedure, Frank Vandervort
Book Chapters
Child protective proceedings involving non-Indian children are primarily governed by the Child Protection Law (CPL), MCL 722.621 et seq.; the Juvenile Code, MCL 712A.1 et seq.; and subchapter 3.900 of the Michigan Court Rules. Taken together, these sources of authority establish a comprehensive scheme for reporting cases of suspected abuse and neglect, investigating those reports, and responding, when necessary, with appropriate legal action. For child protective proceedings concerning Indian children, see chapter 25. While these statutes form the primary authority for handling child protection proceedings, practitioners must be aware that federal law, specifically Title IV-E of the Social Security Act, …
Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran
Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran
Articles
A young mother of three endures abuse at the hands of the children's father. Her children repeatedly witness the violence in their home and describe it to a school teacher, who in turn places a call to Child Protective Services (CPS). A CPS investigator arrives at the home the next morning with a plethora of questions for the mother and her children. Have the children been hit? Did they observe the beatings? What steps has their mother taken to protect them? An adversarial conversation ensues. Unsatisfactory answers may lead to tragic consequences-the removal of the children from their home.
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
Articles
The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …