At a hearing later that day, Jones recommended that Leo remain in foster care until she had completed her investigation, a process she estimated would take several days. It was only after the assistant attorney general who represented CPS admitted that the state was not interested in pursuing the case aggressively that juvenile referee Leslie Graves agreed to release Leo to his mother -- on the condition that Ratte himself relocate to a hotel.
Finally, at a second hearing three days later, Graves dismissed the complaint and permitted Ratte to move home.
Don Duquette, a U-M law professor who directs the university's Child Advocacy Law Clinic, represented Ratte and his wife. He notes sardonically that the most remarkable thing about the couple's case may be the relative speed with which they were reunited with Leo.
Duquette says the emergency removal powers of CPS, though "well-intentioned" are "out of control and partly responsible for the large numbers of kids in the foster care system," which is almost universally acknowledged to be badly overburdened.