A conviction for a child endangerment crime can have devastating consequences on your life. You may have trouble finding work, you could be banned from driving, and you would likely have to stay away from friends and family members with children. Additionally, a conviction will also place your name on Michigan’s central child abuse registry.
Michigan law defines Child Endangerment as an act or failure to act that creates a risk of harm for a minor. The crime is classified as either a misdemeanor or a felony, depending on the degree of the offense. Child Abuse is any act or failure to act that results in physical or emotional harm to a child. It is a criminal offense for parents, caregivers, teachers, members of the clergy, and other people who are responsible for children to intentionally hurt or neglect their charge.
If you are arrested for Child Endangerment, you will likely be charged with a misdemeanor and could face up to one year in jail. However, you may also face other penalties such as fines and community service.
The most common reason for a person to be charged with Child Endangerment is when they are accused of driving under the influence of alcohol with one or more children in the car. It is a criminal offense in Michigan to drive under the influence with any child in your care. A second offense of this nature will usually be accompanied by a petition filed by CPS (Children’s Protective Services) in family court.
Drug crimes can also lead to a Child Endangerment charge. For example, it is illegal in most states to operate a meth lab near a child. Other drugs such as marijuana can also be considered to be a form of child endangerment. If you are convicted of drug crimes involving a child, you will have to participate in the case through a lawyer-guardian ad litem (LGAL).
It is important that you have an experienced attorney on your side when facing these serious charges. Even if you are convicted, an effective defense strategy can help you avoid prison time or a lengthy probation term. A skilled attorneys have experience defending against both child endangerment and drug crimes.
The state of Michigan takes child abuse seriously and a conviction for this offense can result in jail time. If you have been charged with this crime, a skilled child abuse lawyer could help you fight the charges and avoid prison time.
Child endangerment in Michigan is defined as knowingly committing an act that puts a child in danger of physical injury or mental impairment or death. In order to be convicted of this offense, it does not matter that the child actually suffers any type of injury. The act in question simply has to put the child at risk of harm, which is why it is important to work with an attorney that has experience handling cases related to this charge.
If you are a first-time offender and convicted of child endangerment, you will likely receive up to one year in prison, a fine, probation, and up to 180 days of community service. The judge presiding over your case will have the final say in what your sentence will look like.
For repeat offenders, the consequences can be severe. If you are convicted of this offense two or more times, you will be subject to life in prison and will have your name placed on the Michigan Child Abuse and Neglect Central Registry. This registry is similar to the Michigan Sex Offender Registry and it is designed to help protect children by ensuring that those who have been convicted of child abuse are not allowed to come near children again.
In some cases, people who have been convicted of this crime are also charged with drunk driving or drugged driving. This is because driving while under the influence is considered to be a serious crime, and it becomes even more so when there are children in the vehicle. This is why it is important to speak with an experienced Michigan criminal defense lawyer as soon as possible if you have been arrested for DUI child endangerment.
Michigan’s child protection law requires certain individuals in positions of authority, called mandated reporters, to immediately report any reasonable suspicion that a child is being abused or neglected. This list includes teachers, doctors, therapists, police officers, certain members of the clergy, day care providers and others who regularly interact with children on a regular basis. These mandatory reporters are required to report to Centralized Intake, Child Protective Services (CPS) at the Department of Health and Human Services if they have “reasonable cause to suspect” that a child has been abused or neglected.
The law states that a mandatory reporter must also immediately report any reasonable suspicion of child abuse/neglect to a local department of social services office. They must report by phone and then submit a written report on a 3200 form within 72 hours. Parents are not considered to be mandatory reporters, but they still have a legal duty to report any reasonable suspicion of abuse or neglect in their own homes.
Once the initial report is made, a CPS worker will begin investigating the case. They will ask the person who reported it to provide more information about the situation, including a detailed account of what happened. They will also ask the family to participate in services to ensure the safety of the child.
If the investigation concludes that there is a preponderance of evidence that the child was harmed, CPS will file a protective petition in the court and the name of the family will be added to the state centralized database of alleged perpetrators. A protective petition is a serious accusation and may lead to a criminal investigation.
A protective order is a more serious action than a petition, and it can have severe consequences for the family. A protective order can limit a child’s contact with the parents, prohibit them from traveling with the child or having anyone else watch him or her and require that they attend counseling.
Parents who are facing an investigation by CPS should consult a child abuse attorney as soon as possible. They are well-versed in the complexities of Michigan’s child protection laws and can defend families against allegations of child abuse/neglect.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200