No Reunification Efforts Amidst Guardianship: Mother’s Parental Rights Wrongly Terminated
The trial court in this termination of parental rights case improperly determined that reasonable reunification efforts with the mother were not required, the Michigan Court of Appeals has ruled, vacating the order terminating parental rights.
Mother Who Pleaded No Contest Did Not Waive Her Right To Challenge DHHS Reunification Efforts
A mother who pleaded no contest in a termination of parental rights case did not waive or abandon her ability to challenge whether the Department of Health and Human Services made reasonable reunification efforts, the Michigan Supreme Court has ruled.
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.
Tribal Laws Inapplicable: Mother’s Parental Rights Properly Terminated
The trial court properly terminated a mother’s parental rights where 1) the trial court correctly held the Indian Child Welfare Act and the Michigan Indian Family Preservation Act did not apply, and 2) termination was supported by the evidence and was in the child’s best interests, the Michigan Court of Appeals has ruled.
Trial Court’s ‘Factual Error’ Does Not Negate Its ‘Entire’ Best-Interests Decision
The trial court properly held that it was in the minor-child’s best interests to terminate the respondent-father’s parental rights, even though it “clearly erred” in finding that the child had a “lack of extended family support,” the Michigan Court of Appeals has ruled.
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.
Court Of Appeals Vacates Termination Order Over Missing Aggravated Circumstances Finding
The Court of Appeals vacated the order terminating Respondents’ parental rights because the trial court plainly erred by excusing reasonable efforts toward reunification without a proper aggravated circumstances finding.
DHHS Didn’t Provide ‘Necessary Services’ For Reunification: Termination Of Parental Rights Reversed
The trial court in this termination of parental rights case wrongly held that the Department of Health and Human Services (DHHS) made reasonable efforts to reunify the respondent-father, who was in federal prison, with his child, the Michigan Court of Appeals has ruled.
Juvenile Guardianship Vacated: Trial Court Did Not Comply With Statutes, Court Rules
The Michigan Court of Appeals has vacated an order placing a minor child under a juvenile guardianship because the trial court 1) did not put its best-interest findings on the record and 2) did not conduct a hearing before ordering the guardianship.
Mother’s ‘Too Small’ Living Arrangement Is Insufficient Reason To Terminate Her Rights
The allegation that an extended-stay motel room was “too small” for the respondent-mother to live in with her child and the child’s father was insufficient grounds for terminating her parental rights, the Michigan Court of Appeals has ruled in a published opinion.