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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).

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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.

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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.

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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).

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