Court of Appeals Affirms Parents Did Not Abandon Child, DHHS Failed to Make Reasonable Efforts to Remove the Child
Respondent parents did not abandon their child and DHHS failed to make reasonable efforts to remove the child. Therefore, the COA affirmed the trial court’s decision to decline jurisdiction.
Michigan Supreme Court Clarifies Standards for Jurisdiction in Child Welfare Case Involving Parental Inability, Not Neglect
The Trial Court did not clearly err in refusing to take jurisdiction over DVL under MCL 712A.2(b)(1), as Respondent-Mother was not “able” to provide DVL with the proper and necessary support for his care. The Trial Court also did not clearly err in refusing to take jurisdiction over DVL under MCL 712A.2(b)(2), as Respondent-Mother did not “neglect” DVL because Respondent-Mother did not engage in “negligent treatment” of DVL as defined by MCL 722.602(1)(d).
Michigan Supreme Court Expands Scope of Protection Under Whistleblower Protection Act
A violation of the law for the purposes of the Michigan Whistleblower Protection Act is not limited to statutory enactments but may also include violations of common law.
On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis
The Michigan Court of Appeals, in a custody case on remand from the Michigan Supreme Court, has ruled that a portion of its original opinion “erroneously instructed the trial court to apply MCL 722.31 to determine the child’s domicile.”
DHHS Did Not Investigate Relative Placement, Parental Rights Termination ‘Conditionally Reversed’
The trial court’s finding that the termination of the respondents’ parental rights was in the child’s best interests must be “conditionally reverse[d],” the Michigan Court of Appeals has ruled, because the Department of Health and Human Services (DHHS) failed to comply with its statutory duty to investigate relative placements.
Michigan Supreme Court Rules Tolling Amendment To One-Year-Back Rule Does Not Apply Retroactively to Pre-Amendment No-Fault Claims
The tolling amendment to the one-year-back rule in the no-fault act at MCL 500.3145 does not apply to claims for services which accrued before its effective date, even if a lawsuit was filed after its effective date.
Trial Court Wrongly Awarded Custody To Third Party With ‘No Legal Rights’
The trial court “committed clear legal error” in this custody case by not applying the “parental presumption” or making the required best-interest determination before ordering that the plaintiff-mother’s child remain with the defendant, a putative father who had no legal rights to the child.
Referees Owe Reckless Misconduct Standard Of Care Toward Recreational Activity Players, Facilities Held to Ordinary Negligence
Referees tasked with officiating recreational activities owe the participants a duty to refrain from acting recklessly, while recreational sports facilities tasked with organizing recreational activities owe the participants a duty to refrain from acting negligently in organizing such activities.
Court of Appeals Remands Tax Foreclosure Cases For Review Of Surplus Proceeds Distribution And Adequate Notification
Foreclosing governmental entities are statutorily and constitutionally required to provide timely notice regarding the rights of individuals with an interest in a property upon the issuance of a foreclosure judgment, to ensure that former property owners can successfully pursue any remaining proceeds as set forth in the GPTA, post-Rafaeli.
‘Good Cause’ Not Established To Set Aside Default Judgment Of Divorce
The trial court properly entered a default judgment of divorce in this case because the defendant failed to show “good cause” for setting aside the default, the Michigan Court of Appeals has ruled.
Probate Court Did Not Follow Statute When Removing Husband As Guardian
The probate court failed to abide by the requirements in the Estates and Protected Individuals Code (EPIC) when it removed a husband as the guardian of his incapacitated wife, the Michigan Court of Appeals has ruled.
‘Franchise Fee’ Imposed By City And Utility Company An Illegal Tax On Residents
A utility company’s “franchise fee” was an “unauthorized tax” that violated the Michigan Constitution and, as a result, the utility company could not collect the fee from its customers and then remit the collected fees to the City of East Lansing, the Michigan Supreme Court has ruled.
Court of Appeals Reverses Paternity Case Dismissal Due To Venue and Authority Issues
The Court of Appeals reversed and remanded the Trial Court’s order dismissing the paternity action because the Trial Court was the appropriate venue for the paternity action under the Paternity Act, MCL 722.711 et seq, and the Friend of the Court’s motion to dismiss was improper as it was outside the scope of the Friend of the Court’s statutory authority pursuant to MCL 552.501(2).
Threshold Questions Not Addressed, Custody Case Wrongly Referred To FOC
The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.
Michigan COA Vacates UCSO, Rules Brazilian Birth Certificate Insufficient To Establish Paternity Under Michigan Law
The Court of Appeals vacated the Trial Court’s decision because the Brazilian birth certificate identifying Defendant as Father was not sufficient to establish his parentage and therefore the entry of the Uniform Child Support Order (UCSO) was erroneous.
Order Granting Vexatious Appeal Sanctions Remanded, Appeals Court Instructed To Provide Reasoning
The Michigan Supreme Court has remanded a probate dispute to the Court of Appeals, ordering the three-judge appellate panel to explain why it awarded a party vexatious appeal sanctions under the Michigan Court Rules.