COA Reverses And Remands Trial Court Order Terminating Respondent-Mother’s Parental Rights
The COA reversed and remanded a trial court order that terminated mother's parental rights due to two-year child support order compliance period. The COA also affirmed the trial court’s determination that the petitioners had proven MCL 712A.19(3)(f)(ii) by clear and convincing evidence.
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.
Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.
No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.
Statements To Probate Court Were Privileged, Tort Lawsuit Dismissed
The defendants were properly granted summary disposition, because they were governmental employees who were entitled to quasi-judicial immunity.
COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child
The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.
Injunction Properly Issued to Prevent Transfer of Protected Individual
The probate court properly issued a permanent injunction to prevent the Lenawee Community Mental Health Authority from transferring a protected individual to another facility.
Probate Court Didn’t Use Proper Legal Standard When Appointing Guardian
Unless the Probate Court finds that an elderly woman’s son cannot provide for her care, custody and control, the son should be appointed her permanent guardian.
Misapplication of Preclusion Principles Sends Guardianship Back to Probate Court
The COA reversed the decision of the probate court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship.