Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.
The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.
Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.
Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’
The trial court correctly held that the minor children in this case would be harmed if returned to their mother’s care and, as a result, properly terminated her parental rights.
Dad’s Rights Wrongly Terminated To Allow Stepparent Adoption
Trial court erred by terminating a father’s parental rights for purposes of a stepparent adoption because there was “no factual basis to clearly and convincingly” support that determination.
Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated
The Michigan Court of Appeals has vacated an order terminating the parental rights of a mother who was the victim of domestic violence.
Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights
A father in a TPR case was denied effective assistance of counsel. The Michigan COA vacated the order of termination and remanded the case for further proceedings.
Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.
Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.
Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.
Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration
A father’s parental rights were erroneously terminated under MCL 712A.19b(3) because his incarceration was the condition that led to the initial adjudication.
Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic
Appeal Filed By Attorney Dismissed For Not Being Pursued By ‘Aggrieved Party’
The Michigan COA has ruled that it did not have jurisdiction to hear the appeal in a child-welfare case because trial counsel filed the appeal, and not the father whose parental rights were terminated.
COA Ruled Mother’s Drug Use During Pregnancy Doesn't Qualify As An Aggravated Circumstance
The COA vacated the trial court’s order terminating mother’s parental rights because mother’s drug use during pregnancy does not qualify as an aggravated circumstance.
When Do ‘Aggravated Circumstances’ Exist In Termination Cases? MSC May Soon Decide
The MI SCT is considering whether to hear the case of a mother whose parental rights were terminated after the trial court agreed with the petitioning agency that she had subjected her children to “aggravated circumstances”.
Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights
The trial court properly terminated the respondent-mother’s parental rights because at least one of the statutory termination factors was met.