Mother’s Waiver Correctly Enforced In Later Removal Hearings
The trial court in this child removal case properly accepted the respondent-mother’s waiver of a probable cause hearing and did not err by enforcing that waiver in subsequent proceedings, the Michigan Court of Appeals has ruled.
COA Affirms Trial Court Had Sufficient Evidence to Maintain Jurisdiction Over Minor Child
The statutory grounds for jurisdiction were reviewed and were determined that they met by a preponderance of the evidence and the trial court’s decision was affirmed.
Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.
Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent
Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.
U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.
MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.
Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.
Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated
Termination of a mother’s parental rights overruled by Michigan COA, due to trial court overemphasizing the mother’s use of marijuana.
Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights
Father’s parental rights properly terminated though the decision to do so was partly based on the testimony of a social worker with disciplinary proceedings.
MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.
Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials
Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.
Appeals Court: No Appointed Counsel For Mom In Custody Case
The Michigan Court of Appeals has denied a mother’s request for appointed counsel in her child-custody case.
DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.
Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights
The trial court properly terminated the respondent-mother’s parental rights because at least one of the statutory termination factors was met.
Trial Court Wrongly Denied Petitioner’s Registry Removal Request
The petitioner’s name should be expunged from the Michigan Child Abuse Neglect Central Registry because the trial court erred in applying MCL 24.287.