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Michigan Supreme Court Clarifies Standards for Jurisdiction in Child Welfare Case Involving Parental Inability, Not Neglect

The Trial Court did not clearly err in refusing to take jurisdiction over DVL under MCL 712A.2(b)(1), as Respondent-Mother was not “able” to provide DVL with the proper and necessary support for his care. The Trial Court also did not clearly err in refusing to take jurisdiction over DVL under MCL 712A.2(b)(2), as Respondent-Mother did not “neglect” DVL because Respondent-Mother did not engage in “negligent treatment” of DVL as defined by MCL 722.602(1)(d).

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DHHS Did Not Investigate Relative Placement, Parental Rights Termination ‘Conditionally Reversed’

The trial court’s finding that the termination of the respondents’ parental rights was in the child’s best interests must be “conditionally reverse[d],” the Michigan Court of Appeals has ruled, because the Department of Health and Human Services (DHHS) failed to comply with its statutory duty to investigate relative placements.

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Attorney Fee Award Nixed Because DHHS Claim Takes Precedence

A probate court’s order awarding an attorney his fees from a decedent’s estate must be reversed because the Department of Health and Human Services’ claim for fees under the Michigan Medicaid Estate Recovery Program has higher priority.

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