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Posted: Mar 20, 2017, 9:25 AM
The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past (MCL 712.19b (3)(l)—termination where parent’s rights to another child have been terminated.)
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Posted: Sep 27, 2016, 1:25 PM
In this case (In re Trumble, No 330627) Respondent Mother appealed the Gladwin Circuit Court order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte or on its own appoint an attorney to represent her. The Court of Appeals, affirmed the trial court order, stating that because the respondent knowingly declined the offer of appointed counsel at the preliminary hearing and had never shown she suffered from an obvious cognitive impairment, she failed to show that the trial court denied her due process by declining to sua sponte appoint counsel.
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Posted: Apr 26, 2014, 3:25 PM
Under In re Plump, 294 Mich App 270, 273; 817 NW2d 119 (2011), a parent’s parental rights cannot “be terminated solely because he or she was a victim of domestic violence.”
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Posted: Apr 8, 2014, 8:50 AM
Call it a pet peeve of mine, but it annoys me when the COA miscites case law. One such arena where this frequently occurs is child welfare law.
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Posted: Mar 27, 2014, 4:30 PM
The Court of Appeals has addressed the one-parent in the context of a plea taken from a nonparent adult, In re Slater/Wiemer, issued March 25, 2014 (Docket 317132).
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Posted: Nov 13, 2013, 12:35 PM
The Court of Appeals in an unpublished per curiam opinion reversed and remanded the Circuit Court order in a termination of parental right case.
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Posted: Aug 20, 2013, 9:05 AM
The Court of Appeals affirmed the termination of a mother's parental rights because she was the victim of domestic violence in In re Hopkins-Webster (unpublished August 13, 2013, Docket 315194).
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Posted: Jun 3, 2013, 12:05 PM
The Court of Appeals reversed the termination of Respondent-Mother’s parental rights to her minor child in In the Matter of V. M. Inman, unpublished opinion per curiam of the Court of Appeals, issued April 9, 2013 (Docket No. 313055).
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Posted: May 10, 2013, 5:45 PM
The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.
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Posted: Apr 16, 2013, 4:15 PM
In a recent case, In the Matter of Kloosterman, unpublished opinion per curiam of the Court of Appeals, issued March 26, 2013 (Docket No. 312138), the Court of Appeals had the opportunity to examine the meaning of MCL 712A.2(b), the provision which permits a trial court to take jurisdiction over the child in a child welfare proceeding.
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Posted: Feb 25, 2013, 4:35 PM
I attended a fantastic SCAO Child Welfare Seminar on February 22, 2013 on "Building a Legal Arsenal to Defend Clients."
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