COA Vacates Trial Court Order Terminating Father's Parental Rights; Remands Case Citing Failure To Consider Child's Placement With Fictive Kin
The Trial Court’s best interest analysis in terminating Respondent-Father’s parental rights was “erroneously incomplete” due to the Trial Court’s failure to consider CJM’s placement with a “relative” as defined by MCL 712A.13a(1)(j) during the best interest determination.
Child-Protective Case Remanded For ‘Appropriate Findings Of Fact’ & Missing ‘Jurisdictional Analysis’
The trial court in this child-protective proceeding did not “articulate an adequate basis or make sufficient factual findings to justify its denial of jurisdiction” over the minor child, the Michigan Court of Appeals has ruled.
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.
Court of Appeals Affirms Trial Court’s Order Declining To Authorize DHHS’s Petition For Child Protective Proceedings
The Court of Appeals affirmed the Trial Court’s order on the basis that the Trial Court could not take jurisdiction because the minor child is protected under a no-contact order with Respondent and the minor child is living in a fit home environment with the non-respondent mother, who has been protecting the minor child and meeting her needs.
Requiring Father To Admit To Drug Use To Avoid Termination Does Not Violate Father's Fifth Amendment Rights
The Trial Court did not clearly err when it determined termination of Respondent-Father’s parental rights was appropriate under MCL 712A.19b(3)(c)(i), (g), and (j) and that termination was in the minor child, KS’, best interests.
Trial Court Plainly Erred By Not Informing Respondent-Mother Of Her Appellate Rights Following Removal Of Children
The Trial Court plainly erred when it found that Respondent-Mother was not entitled to reasonable efforts to reunify Respondent-Mother with her minor children and when it failed to inform Respondent-Mother of her appellate rights following the Trial Court’s removal of the children from Respondent-Mother’s care.
Parent Cannot Challenge The Effectiveness Of Child’s Attorney
The father in this termination of parental rights case did not have standing to claim that his child’s attorney provided ineffective assistance of counsel.
Michigan Supreme Court Finds DHHS Did Not Make Reasonable Efforts at Reunification
The Michigan Supreme Court determined that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”
Father’s Parental Rights Terminated After He Deserted the Child and Did Not Seek Custody During 91-Day Period
Trial Court was correct in stating that respondent-father lacked standing to challenge the effectiveness of the child’s lawyer-guardian ad litem.
Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights
Trial court relied on an outdated statutory definition of “relative” when deciding to terminate a mother’s parental rights.
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.
Appeals Court Reverses Trial Court Taking Jurisdiction Over Child
The trial court wrongly held that the statutory grounds for jurisdiction over the child were established by a preponderance of the evidence.
Trial Court Did Not Properly Assume Jurisdiction, Termination Of Parental Rights Vacated
The termination of the respondents’ parental rights must be vacated because the trial court didn’t properly conduct the adjudication hearing in the case.
Court of Appeals Holds Trial Court Properly Exercised Jurisdiction
The trial court properly exercised jurisdiction over the child, but did not have the authority to order visits between the child and her maternal siblings.
Termination Of Mom’s Rights Reversed For Closer Look At Best Interest Factors
“We reverse and remand for further proceedings on whether termination is in the children’s best interests,” the Michigan Court of Appeals has ruled.
Termination Of Mom’s Parental Rights Was In Children’s Best Interests
The trial court properly terminated the respondent-mother’s parental rights because termination was in the children’s best interests.