David J. Dart, PC Attorney At Law Located at
9437 N Haggerty Rd, Plymouth, MI.
Phone: (734) 404-5800 http://www.davidjdart.com
 
 
 

Child Protective Services

3.jpgDid you know that you have the right to a full jury trial before protective services can assert permanent jurisdiction over your children for alleged neglect or abuse?
 
It only takes one anonymous phone call to place you under investigation by Child Protective Services for child abuse or neglect. The initial stages of an abuse or neglect cases work themselves very quickly through the court system. In a time span of 24 hours or less, courts can make decisions about whether your children should be placed in foster care, and whether or not you will go on trial for abuse or neglect charges that could result in your children being removed from you on an extended or even permanent basis. Once the court’s jurisdiction over your children is established, the court has the right to establish lengthy tasks and requirements that you must complete prior to the termination of jurisdiction over your children. These tasks are often very difficult, and lead to delays and disputes over compliance which can stretch on for years. Denying jurisdiction is the best way to avoid long drawn out proceedings in protective services cases.
 
Before a Michigan court can exert permanent jurisdiction over your child, you have a right to a trial by jury to ask the court to deny all jurisdiction. This all important right is often overlooked by courts and lawyers who enter plea bargains that confess jurisdiction. The right to jury trial must be asserted on time, or it is waived permanently.
 
Early in his career, David Dart and co-counsel successfully defended a local father from false sex abuse allegations that led to the State of Michigan attempting to terminate his parental rights over his young son. These false allegations occurred for the first time in the middle of a contested divorce and custody proceeding where father was starting to win, and they were obviously coached by an unethical opponent who was afraid of losing custody. The timely demand of a full jury trial and extensive pre-trial hearings led to a dismissal of all charges against this father, who eventually won full custody of the child.
 
David Dart timely asserted jury trial rights for a local father falsely accused of kidnapping his child. Again, these false charges arose in the middle of contested custody proceedings. The timely assertion of the right to jury trial and aggressive preparations for trial made it clear to the prosecution that the case was a loser. On the eve of trial, a deal was worked out to dismiss all charges, and the father went on to win equal parenting time in divorce court.
 
David Dart successfully represented a mother of four children against neglect charges in an out-county case. When David J. Dart first appeared on the case, the State of Michigan was attempting to revoke it’s placement of the children in the homes of the maternal grandparents so that the children would be placed in foster care split up among strangers. David J. Dart was able to convince the judge not to do this, and as such the children stayed with relatives. Timely assertion of the right to a jury trial with aggressive motion practice and refusal to waive until the last minute led to a favorable resolution. All children were returned to the mother’s care, and they remain with her to this day.
 
The fact patterns of some protective services cases make it necessary to enter into a plea bargain. Nonetheless, the all-too common practice of waiving jury trials and confessing jurisdiction make it far too easy for the State to trample on the parental rights of Michigan citizens. If you are being contacted by Protective Services, call David Dart immediately to devise a winning strategy to keep your children where they belong- at home and in your care!
 
 

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