Michigan’s Juvenile Code provides that the Family Division of the Circuit Court with personal jurisdiction over any child under 18 years of age found within a Michigan  county:

 

“Whose parent or other person legally responsible for the care and maintenance of the juvenile, when able to do so, neglects or refuses to provide proper or necessary support, education, medical, surgical, or other care necessary for his or her health or morals, who is subject to a substantial risk of harm to his or her mental well-being, who is abandoned by his or her parents, guardian, or other custodian, or who is without proper custody or guardianship.”  MCL 712A.2(b)(1).

 

The term “person responsible for the child’s health or welfare” means the following:

 

• a parent;

• a legal guardian;

• a person 18 years of age or older who resides for any length of time in the same home in which the child resides, or in some cases, “a nonparent adult”; or,

• an owner, operator, volunteer, or employee of a licensed or registered child care organization, or a licensed or unlicensed adult foster care family or small group home.

 

The Michigan Department of Human Services (“DHS”) considers “persons who reside in the child’s home” to include foster parents, live-in adult friends or siblings of a parent or foster parent, and live-in babysitters or housekeepers.DHS Services Manual, CFP 711-5.

 

We win dismissals in child abuse and neglect cases.If you’ve been wrongfully accused of abuse or neglect, we can help you.Please give us a call.