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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: Jul 8, 2016, 9:20 AM
The MI Court of Appeals (COA) held the Ingham County trial court’s termination of a father’s rights was clearly erroneous where the rights were terminated because (1) the conditions that led to the adjudication continued to exist, (2) the father failed to provide proper care and custody and (3) there was a reasonable likelihood of harm if the situation continued.
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Posted: Apr 11, 2016, 1:05 PM
The Michigan Supreme Court has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying termination of parental rights case.
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Posted: Mar 28, 2016, 9:25 AM
Following the most recent blog (In re Jones, blog dated March 21, 2016) about the Supreme Court’s continued interest in the Hatcher rule,the Michigan Court of Appeals has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial and, as a result, his due process rights were violated.
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Posted: Mar 21, 2016, 10:25 AM
The Michigan Supreme Court has peremptorily vacated the termination of a mother’s parental rights, as well as the Michigan Court of Appeals decision upholding that termination.
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Posted: Mar 4, 2016, 2:15 PM
The Michigan Supreme Court recently refused to hear the appeal in In re Maes (Docket No. 152973). The denial of leave in Maes means that significant flaws in appellate case precedent have now been left intact, impacting hundreds of parental rights proceedings.
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Posted: Feb 17, 2016, 3:25 PM
In a case upon which the Supreme Court granted leave and scheduled argument to occur in May 2016, today the Supreme Court vacated the order adjudicating jurisdiction over the children and vacated the order terminating parental rights.
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Posted: Feb 12, 2016, 10:00 AM
A recent Michigan Court of Appeals ruling in a child-protection case is a reminder of just how important it is for parties, agencies, and the trial courts to be diligent about locating parents, so they are notified of their hearing dates.
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Posted: Oct 24, 2014, 1:45 PM
The Court of Appeals published two cases this week in child welfare cases.
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Posted: Jul 25, 2013, 4:10 PM
Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases.
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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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Posted: Oct 30, 2009, 2:10 PM
In a published decision, the Court of Appeals found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.
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Posted: Aug 18, 2009, 12:55 PM
In In re ALNW, Minor, the Court of Appeals reversed an order terminating parental rights to both parents of the minor child. When the child's mother, then 20 years-old, noticed a popping sound in the four month old's chest, she immediately called her doctor seeking advice. Since the child was not experiencing other symptoms, the doctor advised the mother to wait until the child's next check-up to have the child looked at. After x-rays revealed that the child had suffered several broken ribs, DHS became involved.
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Posted: May 16, 2008, 5:55 PM
n re Orozco Minors , a rare published termination of parental rights case, the COA reversed a decision of the Macomb County Family Court terminating respondents’ parental rights when they were deported to Guatemala.
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Posted: Apr 25, 2008, 1:05 PM
In the case In re Michael Robert Benbow III, Minor, the COA reversed an order of the Clinton County Family Court terminating a father’s parental rights in a step-parent adoption case.
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Posted: Mar 3, 2008, 1:50 PM
In DHS v Holm, the Court of Appeals reversed a decision terminating respondent’s parental rights after holding that the trial court improperly exercised jurisdiction.
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Posted: Aug 17, 2007, 6:00 PM
In Michigan, it is well-known that termination of parental rights cases are very rarely reversed on appeal.
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