‘Flawed’ Trial Court Analysis Mandates Reversal Of Parental Rights Termination Order
An order terminating the respondent-mother’s parental rights at the initial dispositional hearing must be reversed because the trial court’s analysis was “flawed,” the Michigan Court of Appeals has ruled.
Court of Appeals Reversed Parental Rights Termination After DHHS Failed to Prove Reunification Efforts and Notice Requirements
The Court of Appeals reversed the Trial Court’s order terminating Respondent-Mother’s parental rights pursuant to MCL 712A.2(b)(1) and (2). DHHS failed to plead aggravated circumstances, and also failed to provide facts supporting their request for termination at initial disposition.
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.
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.
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.
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.”
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.
Justices Order Appointment Of Appellate Counsel In Termination Case
The MI Supreme Court has ordered the Ingham County Circuit Court to appoint appellate counsel for the respondents in a termination of parental rights case.
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.
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.
MSC Denies Appeal In Termination Of Parental Rights Case
The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.