Neglect and Abuse
Neglect and abuse law in Michigan addresses harm or threatened harm to children. It covers issues such as physical or sexual abuse, failure to provide necessary care, and exploitation, and provides for reports and protective services.
Child Protective Proceedings are court cases involving allegations of child abuse or neglect. Neglect or Abuse of a child can be from physical abuse, sexual abuse, failure to provide the proper care or custody including medical or educational neglect. These proceedings focus on protecting children while addressing parental rights, placement, and services to support safe family reunification. When reunification is not possible, the court may consider termination of parental rights and a permanent placement for the child.
Mr. Mashni has handled numerous Child Protective Proceedings representing either one of the parents or the children. Mr. Mashni represented a father in the trial court and in the Michigan Court of Appeals (In re KNK, 2024 WL 4438650, Court of Appeals Docket No. 37084) in a matter in which he was accused of video recording his minor child in the shower. At the trial court, Mr. Mashni argued that the child was not at a substantial risk of harm due to the facts that the father was ordered out of the house by the mother immediately after the child disclosed, he was charged criminally and although released on bond, his bond conditions were to not be at the home or school of the minor child, on a GPS tether and to have no contact with the child as well as the mother was meeting all of the child’s needs including already having child in therapy and was protecting the child from the father all before the Department of Health and Human Services had filed their Petition in the Child Protective Proceeding. The trial court agreed and denied authorizing the Petition. The Department appealed to the Michigan Court of Appeals. After oral arguments, the Court of Appeals affirmed the trial courts denial of authorizing the Petition in a Published Opinion. (A published opinion in binding on all lower court and therefore precedence and must be followed by lower courts.)
