To: The Michigan State House, The Michigan State Senate, and Governor Gretchen Whitmer
Modify Michigan PA 511
Currently PA 511 allows CPS, the courts & law enforcement to circumvent & even break the laws in regards to CPS investigations. The law stipulates that if CPS violates the laws or CPS protocol, the direct supervisor must explain why the violations occurred. The case is then reviewed by the local office manager. Under the current law, the local office manager is allowed to close the case, with no further investigations.
CPS is allowed to make one of three ambiguous statements & then is protected by this law:
"Best interest of the child." "Preponderance of the evidence." "Err on the side of the child."
When CPS uses one of these statements, they are allowed to remove a child without evidence, probable cause, imminent danger, exigent circumstance or even a written court order signed by the judge.
Current law requires that the judge sign the order & that CPS has a written order in hand when removing a child. Standard practice is that a court clerk will stamp the judge's name on the order & sign as a witness. Many times the judge may be unaware of authorizing the custody.
PA 511 also does not state any penalty or consequence if the laws and protocol are violated.
At no time are CPS or the courts required to follow due process in regards to the rights of the parents & children. Even though abuse & neglect are crimes, rarely will a parent see the inside of a criminal court. The reason being: if the parent is charged with a crime, then that parent must be allowed to face the accusor & many times CPS claims the accusor is unknown or anonymous. The system also would be in violation of Miranda Rights.
What CPS is allowed to do is akin to state sanctioned kidnapping & slavery.
CPS is allowed to make one of three ambiguous statements & then is protected by this law:
"Best interest of the child." "Preponderance of the evidence." "Err on the side of the child."
When CPS uses one of these statements, they are allowed to remove a child without evidence, probable cause, imminent danger, exigent circumstance or even a written court order signed by the judge.
Current law requires that the judge sign the order & that CPS has a written order in hand when removing a child. Standard practice is that a court clerk will stamp the judge's name on the order & sign as a witness. Many times the judge may be unaware of authorizing the custody.
PA 511 also does not state any penalty or consequence if the laws and protocol are violated.
At no time are CPS or the courts required to follow due process in regards to the rights of the parents & children. Even though abuse & neglect are crimes, rarely will a parent see the inside of a criminal court. The reason being: if the parent is charged with a crime, then that parent must be allowed to face the accusor & many times CPS claims the accusor is unknown or anonymous. The system also would be in violation of Miranda Rights.
What CPS is allowed to do is akin to state sanctioned kidnapping & slavery.
Why is this important?
PA 511 is the law that CPS, the courts & law enforcement use to break the laws & CPS protocol in investigations & custody of children.