Chief Justice: ‘In re White’ And Individualized Best-Interest Analyses Needs Reconsidered
The Michigan Supreme Court has vacated part of the Michigan Court of Appeals ruling in In re JMG/JGG/JMG, Minors, remanding the termination of parental rights case and ordering the trial court to “make an individualized best-interests determination as to each child.”
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.
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.
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.
No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.
The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.
Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.
Justices To Examine Whether COA Correctly Decided In re Hockett, Minor
Hockett, a published and binding opinion from Oct. 2021, concerns whether a trial court had sufficient statutory grounds to exercise jurisdiction over a minor child who has mental health issues.
MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child
The MI SCT is set to hear oral arguments on the application to appeal the decision in In re Holbrook, Minor, a case involving statutory grounds for a trial court to take jurisdiction over a minor.
Insufficient Evidence For DHHS To Take Jurisdiction Over Child
The trial court properly denied DHHS’ petition to take jurisdiction over the respondent’s child because the statutory grounds for doing so were not established.
Court of Appeals Holds That Parents Accused of Child Neglect for Failure to Seek Medical Treatment May Assert Statutory Religious Defense
The day after the baby was born, the midwife told the parents it was suffering from jaundice. The parents didn’t take the baby to the doctor, electing to pray for the baby’s good health instead.