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.
Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.
Termination Of Parental Rights Not Supported By Sufficient Evidence
The trial court’s termination of the respondents’ parental rights must be vacated because, among other things, the statutory factors for termination were not supported by clear and convincing evidence.
Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials
Trial Court Improperly Excluded Recorded Interviews With Children
The trial court erroneously refused to view and admit video-recorded forensic interviews with the children, who were allegedly abused by their father, the Michigan COA has ruled.
Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.
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.
A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
A father’s right to control the custody and care of his child must yield, to the state’s interest in preventing upheaval for the child who had been in care with the same foster family for nearly 2 years.
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.
Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated
The Michigan Court of Appeals has vacated an order terminating the parental rights of a mother who was the victim of domestic violence.
Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights
A father in a TPR case was denied effective assistance of counsel. The Michigan COA vacated the order of termination and remanded the case for further proceedings.
Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.
Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.
Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.