If I’ve Been Charged with Child Sex Abuse, Will I Lose my Parental Rights in Oakland County, Michigan?
- It is definitely possible to lose your parental rights in Oakland County, Michigan if you have been charged with child sex abuse. If you get convicted of child sex abuse, you will almost definitely lose your parental rights.
- If you are criminally charged with child sex abuse in Michigan, that information is forwarded to the Michigan Department of Health and Human Services (DHHS), specifically to Child Protective Services (CPS) for them to conduct a child welfare evaluation.
- Juvenile Court and CPS will decide on a case by case basis whether the child needs the Court to intervene on their behalf, and if so, what sort of intervention is in the child’s best interests.
- It is increasingly rare for a parent to even be charged with an allegation of child sexual assault and to retain their parental rights.
The answer to whether you will lose your parental rights if you are charged with child sex abuse in Oakland County, Michigan is a definite maybe. Certainly, if you get convicted of child sex abuse, it’s almost all but assured that you will lose your parental rights.
Anytime there is an allegation of sexual assault, the law requires that the sexual assault be referred to the DHHS (Department of Health & Human Services), specifically CPS (Child Protective Services) to conduct a child welfare evaluation. This can be true even if you do not get charged criminally based on those allegations
These cases are adjudicated in the Oakland County Juvenile Court (or whichever county, depending on where the children live). The first question presiding over a parental rights case is always, should the court take jurisdiction over this child? In other words, does the child need intervention or protection from the Court. In cases where an allegation of sex assault involving a child that is confirmed enough that a criminal charge is filed, the Juvenile Court will almost always rule that they should indeed take jurisdiction over the child.
After that determination has been made, the Court then goes to the second question, which is typically the more litigated question: now that we have determined that this child needs Court intervention or for the Court to take jurisdiction over them, what is it in the child’s best interest for the Court to do?
Sometimes for very minor allegations of child sexual abuse, if the Court and CPS determine that the parent can be treated and helped through the use of services, some parents are able to maintain parental rights. However, that outcome is becoming more and more rare. Rather, it is becoming more and more common that if a parent is charged with an allegation of child sexual abuse, there’s a very high risk that they will lose their parental rights entirely. This becomes even more difficult, obviously, if the parent is convicted on the child sex abuse case.
For more information on Child Sex Abuse Law in Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.