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Court of Appeals Holds MCR 2.612 Applies in Adoption Proceedings

The Court of Appeals affirmed the Trial Court’s order, holding that MCR 2.612 applies in adoption proceedings. Further, the Trial Court properly vacated its order terminating respondent-father’s parental rights under MCR 2.612(C)(1)(a) because the court made a material mistake of fact when it entered the original termination order.

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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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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.

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