Michigan specific - In a child protective proceeding, you are only entitled to a jury trial at the step where the Court takes jurisdiction over you and your children. If you plead to jurisdiction, you are then subject to complying with all types of service plans and orders.
1
Read the petition carefully
Most petitions are drafted by non-lawyers. The case workers know their business, but they do not think like lawyers. Go over the petition carefully with your lawyer because this is what the government has to prove to the jury.
2
Take advantage of the right to a jury.
The jurisdiction stage is the only stage where you will have a right to a jury. If the jury disagrees with the child protection agency, the Court cannot order you or your children to do anything [unless new allegations arise]. DO NOT agree to waive the jury and DO NOT plead to jurisdiction until you are satisfied that your lawyer is giving you good, sound advice. Get a second opinion or demand your trial by jury.
3
Listen to your lawyer - not the child protection worker.
Promises of easy steps in a case service plan or promises of only one simple skills class cannot be enforced. Once you submit your children to jurisdiction, you are subject to dozens of arbitrary, discretionary decisions and opinions by case workers, counselors, and numerous other service providers whom you have never met. They are not your friends and they are not there to help you.
4
Document everything.
Most child protection workers log everything they do in every case. Phone calls, school visits, face-to-face visits - even for a few seconds - are noted including content. They generally make these notes right after the event. When you go to challenge them, they have a wealth of information at their fingertips and you have only your memory. Getting involved with a government agency that can remove your children is extremely emotional and frightening. DO NOT rely on your memory to defend yourself from the claims of the child protective workers. Document everything.
5
Consider hiring an attorney.
The court-appointed attorneys do child protective work usually because they care about children and families. Sometimes, however, they come to believe that the juvenile court programs are (or can be) good for children and they lose focus. If you think you cannot afford an attorney, the opposite might be true. Because the well-being of your children is at risk, it may be that you cannot afford to NOT hire your own attorney. As you deal with your court-appointed attorney, trust your instincts and ask questions.
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