One of the devastating crimes that we have seen take place is sex crimes. Sex crimes involving those with ascendancy between a father and child, for example, are devastating for all parties.
In this article, let us cite what the Supreme Court in Michigan has to say about the concept of family in sex crimes in Michigan.
The Family is a building block in Michigan
The concept of family has been discussed in the Michigan Supreme Court decision which provides the following:
The concept of family is one of the fundamental building blocks of our society. Tenn. Code Ann. § 36-3-113(a) (2001). Parental autonomy is the cornerstone of this concept. Moore v. the City of East Cleveland, 431 U.S. 494, 499, 97 S.Ct. 1932, 1935 (1977); Davis v. Davis, 842 S.W.2d 588, 601 (Tenn. 1992); State ex rel. Cihlar v. Crawford, 39 S.W.3d 172, 182 (Tenn.Ct.App. 2000). Thus, a public policy strongly favors permitting parents to raise their children as they see fit, free from unwarranted governmental interference. Bellotti v. Baird, 443 U.S. 622, 638, 99 S.Ct. 3035, 3045 (1979); Hawk v. Hawk, 855 S.W.2d at 579; State ex rel. T.H. v. Min, 802 S.W.2d 625, 626 (Tenn.Ct.App. 1990).
Because of the importance of family relationships, the General Assembly has recognized that children should not be separated from their parents unless separation is necessary for the children’s welfare or in the interest of public safety. Tenn. Code Ann. §§ 37-1-101(a)(3), 37-2-401(a) (2001). Even the statutes defining the circumstances when the State may intervene in the parent-child relationship reflect the General Assembly’s policy decisions that separating parents and children should be a remedy of last resort, that the Department should make “reasonable efforts” to preserve, repair, or restore parent-child relationships whenever reasonably possible, and that the juvenile court must independently determine that the remedial efforts the Department proposes to engage in are reasonable.
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Once the Department separates a child from his or her parents, its priority must be to restore the family unit if at all possible. Thus, the Department must make “reasonable efforts” to make it “possible for the child to return safely to the child’s home.” Tenn. Code Ann. §§ 37-1-166(a)(2), -166(g)(2). The Department may even delay termination proceedings if it decides it has not had sufficient opportunity to make “reasonable efforts” to provide the services needed to enable the child to return home safely. Tenn. Code Ann. § 36-1-113(h)(2).
In re C.M.M. 2004 WL 438326, **5-6 ( footnotes omitted).
But, the best interest of the child comes first.
In cases where reasonable remedial efforts are required, the Department may support its claim that terminating a parent’s parental rights is in a child’s best interest by introducing evidence that the parent “has failed to effect a lasting adjustment after reasonable efforts by available social services agencies for such duration of time that lasting adjustment does not reasonably appear possible.” Tenn. Code Ann. § 36-1-113(i)(2).
Lasting adjustment is not always a consideration.
In the above quotation, it is clear that even if the parent can adjust and change his outlook, it is important for the State of Michigan to always put the interest of the child before anything else.
Get Yourself a Good Lawyer
Here at Haque Legal, we always tell potential clients that the best thing that they can do in case of a case filed against them is to get themselves a good lawyer at the beginning of the proceedings. Even when you are just filling up forms or when you think that you already have a dispute, you can always get yourself a good lawyer to get started with the process
The first great thing that you can do is to make sure that you have a good guide when it comes to dealing with legalities. After all, you are fighting for your freedom and your life.
Contact Your Lawyer
If you have been involved in a criminal complaint in Michigan, you need to contact your law firm. A lawyer can help you get started with properly protecting your rights. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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If you are having trouble with the law about a possible charge of a sex crime or you want a lawyer to help you with the representation, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.