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Michigan Court of Appeals Rejects Anticipatory Neglect as a Basis for Terminating Parental Rights

The Court of Appeals reversed the trial court order terminating parental rights that was based primarily on the doctrine of anticipatory neglect because the evidence did not demonstrate that the child at issue was subject to the same risk of harm as the other child who had been abused by the parent 8 years prior and under very different circumstances.

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Court Of Appeals Vacates Child Removal Order Over Due Process Violations

The trial court plainly erred when it ordered respondent’s children removed from her care. Under MCR 3.974(C)(3)(a), the hearing held by the trial court was not an emergency removal hearing. Since the trial court did not follow the procedural requirements to remove the children from her care, the court violated respondent’s procedural due process rights.

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DHHS Violated Discovery Order: Termination Petition Properly Dismissed

The Michigan Department of Health and Human Services violated the court rules in this termination of parental rights case when, at the father’s request, it did not produce video recordings of interviews conducted with his minor children, the Michigan Court of Appeals has ruled.

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MSC Holds DHHS Not Required To Provide Reasonable Efforts To Reunify Child After Subjection To Aggravated Circumstances

The Michigan Supreme Court held that the Department of Health and Human Services (DHHS) was not required to make reasonable efforts to reunify the family because the respondent-parent subjected the child to aggravated circumstances, as defined under MCL 722.638(1) and (2), by facilitating criminal sexual conduct involving penetration, even though the parent did not personally commit the act.

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Court Of Appeals Affirms Termination Of Parental Rights Where Father Failed To Assert Tribal Affiliation Or Rectify Substance-Use Barrier

The Court of Appeals affirmed the Trial Court’s decision to terminate the respondent’s parental rights because he failed to assert the child’s Native American or tribal affiliation to the Trial Court and failed to demonstrate that he would be able to rectify his substance-use barrier in a reasonable time considering the child’s age.

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