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December

GOVERNMENTAL IMMUNITY DOES NOT APPLY WHEN THERE IS A CLEAR VIOLATION OF THE CHILD PROTECTION LAW
     Britton v. Mills, 2001 WL 1403499 (Mich.App.) (Court of Appeals # 225883, November 9, 2001)
FAMILY COURT COULD NOT ORDER COMMUNITY MENTAL HEALTH TO PAY COSTS OF CARE FOR JUVENILE
     In the Matter of David Hoskins, Minor UNPUBLISHED (Family Independence Agency v. Northpointe Behavioral Healthcare Systems) (Court of Appeals No. 225381, November 6, 2001)
COURT OF APPEALS SPECIFIES PROCEDURE FOR FAMILY COURT TO CONSIDER TERMINATION OF MINOR’S LIFE SUPPORT
     In the Matter of AMB, Minor ____Mich App____(2001) (Court of Appeals # 218869, November 6, 2001)
A PUTATIVE FATHER IS NOT ENTITLED TO PERSONAL SERVICE  BECAUSE HE IS NOT THE CHILD’S GUARDIAN AND PATERNITY HAS NOT BEEN ESTABLISHED
     FIA v BLAINES, UNPUB, LW # 227937

November

October

September

MOTHER’S RESISTANCE TO VISITATION BY BIOLOGICAL FATHER PREVENTED TERMINATION OF HIS RIGHTS UNDER MCL 710.51(6)
     In the Matter of ALZ, a Minor, ____Mich App____(2001) (Court of Appeals No. 230788, August 31, 2001)
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August

TRIAL COURT MAY NOT USE SUMMARY DISPOSITION TO TAKE JURISDICTION AND TERMINATE RIGHTS IN CHILD PROTECTIVE PROCEEDING
     In the Matter of PAP, Minor ____ Mich App ____(2001) (Court of Appeals No. 229002, August 17, 2001)
FAMILY COURT MAY TAKE JURISDICTION BASED SOLELY ON ACTS OF ONE PARENT.  FATHER OF ILLEGITIMATE CHILDREN DID NOT HAVE LEGAL CUSTODY EVEN THOUGH HE LIVED IN SAME RESIDENCE AND THERE WERE NO ALLEGATIONS AGAINST HIM
     In the Matter of Butler and Claxton Minors, UNPUBLISHED (Court of Appeals No. 229073, July 27, 2001)

July

FATHER’S FAILURE TO GAIN LEGAL CUSTODY FOUND SUFFICIENT CONDITION FOR TERMINATION UNDER MCL 712A.19b(3)(c)(i)
     In the Matter of ERLH, IJH, MCH, KSH, and KSH, UNPUBLISHED (Court of Appeals No. 226626, June 19, 2001)

June

POTENTIAL JURORS IN CSC CASE NEED NOT BE EXCUSED FOR CAUSE SIMPLY BECAUSE THEY WERE VICTIMS OF SEXUAL ABUSE.  ADMISSION OF ONE CORROBORATING STATEMENT UNDER MRE 803A DOES NOT PRECLUDE ADMISSION OF OTHER HEARSAY STATEMENTS THAT QUALIFY UNDER OTHER SECTIONS OF MRE 803
     People v. Dunifin UNPUBLISHED (Court of Appeals No. 218554, June 19, 2001)
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TRIAL COURT  MAY TERMINATE PARENTAL RIGHTS UNDER MCL 712.19b(3)(h) EVEN THOUGH APPEAL OF CRIMINAL CONVICTION IS STILL PENDING
     In the Matter of Eric Wayne Zavoda  UNPUBLISHED (Court of appeals No. 230283, June 15 2001)
PUTATIVE FATHER’S RIGHTS WERE PROPERLY TERMINATED UNDER MCL 710.39(1)
     In the Matter of O.E.S., f/k/a B.K.D., Minor, ____Mich App____(2001) (Court of Appeals No. 226679, May 29, 2001)
TRIAL COURT ERRED IN SUPPRESSING JUVENILE’S CONFESSION WHERE MIRANDA WARNINGS WERE NOT REQUIRED AND INTERVIEW SEPARATE FROM PARENT WAS DONE WITH KNOWLEDGE AND CONSENT
     In the Matter of SLL, Minor, _____Mich App____(2001) (Court of Appeals No. 227139, UNPUBLISHED March 23, 2001, PUBLICATION AFTER RELEASE, May 25, 2001)
DEFECTS IN NOTICE OF AMENDED PETITION WERE CURED WHERE TRIAL COURT RELIED ONLY ON ALLEGATIONS THAT MATCHED ORIGINAL PETITION.  FURTHER, MCL 712A.19b(3)(m) DOES NOT CONSTITUTE AN EX POST FACTO LAW
     In the Matter of Justin F., Randi Lynn F. and Joshua F. , Minors, UNPUBLISHED (Court of appeals No. 229548, May 15, 2001)
FIA WORKER’S FAILURE TO INFORM COURT OF PARENT’S INCARCERATION FACILITATED DENIAL OF DUE PROCESS AND REQUIRED REVERSAL OF TERMINATION
     In the Matter of K.R.J., Minor, UNPUBLISHED (Court of Appeals No. 229546, May 15, 2001)
NEITHER PHASE TWO OF WAIVER NOR CIRCUIT COURT SENTENCING HEARING WAS REQUIRED WHERE FAMILY COURT WAIVED JURISDICTION THROUGH “TRADITIONAL WAIVER” AND DEFENDANT HAD PREVIOUSLY BEEN SUBJECT TO CRIMINAL JURISDICTION OF CIRCUIT COURT
     People v. Williams, ____Mich App____ (2001) (Court of Appeals No. 226596, April 20, 2001)
SUBSTANTIAL COMPLIANCE WITH ICWA NOTICE REQUIREMENTS WAS SUFFICIENT WHERE ACTUAL NOTICE WAS ACHIEVED
     In the Matter of TM, Minor, ____Mich App____ (2001) (Court of Appeals No. 220650, March 30, 2001)
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RESPONDENT WAS NOT DEPRIVED OF RIGHT TO COUNSEL BY DELAY IN APPOINTMENT UNTIL AFTER PRELIMINARY HEARING
     In the Matter of A.M.L. and J.M.L., Minors, UNPUBLISHED (Court of Appeals No. 225380,  March 16, 2001)
FAILURE TO NOTIFY KNOWN TRIBE, AS WELL AS SECRETARY OF THE INTERIOR, UNDER ICWA BEFORE CONCLUDING PROOFS IN TERMINATION HEARING REQUIRED REVERSAL
     In the Matter of N.E.G.P., Minor, ____Mich App____(2001) (Court of Appeals No.  226663, March 16, 2001)
AMENDED STATUTE THAT REQUIRES MANDATORY TERMINATION REQUEST IS NOT UNCONSTITUTIONAL
     In the Matter of A.H., Minor, ____Mich App ____(2001) (Court of Appeals No. 224385, March 13, 2001)
WHERE CHILD HAD A LEGAL FATHER, PUTATIVE FATHER DID NOT HAVE STANDING TO APPEAL TERMINATION
     In the Matter of SG, TG, DG and QR, Minors, UNPUBLISHED (Court of Appeals No. 227520, March 6, 2001)
MOTHER’S ADVICE THAT JUVENILE SHOULD “TELL THE TRUTH” WAS NOT “COERCION” SUFFICIENT TO RENDER JUVENILE’S STATEMENTS INVOLUNTARY
     In the Matter of NKF, Minor, UNPUBLISHED (Court of Appeals No. 229597, March 2, 2001)

May

April

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March

VIOLATION OF TIME RESTRICTIONS DOES NOT REQUIRE REVERSAL OF TERMINATION OF PARENTAL RIGHTS
     In the matter of Krysta Rose Lake, Unpublished (Court of Appeals #225770; LW #41029)
INCARCERATED PARENT’S RIGHTS IMPROPERLY TERMINATE
     In the matter of Anthony Lee McFerrin, Jr., Unpublished (Court of Appeals #223692, 1/26/01; L.W. #41025)

February

CLAIM OF INDIAN HERITAGE IN CLOSING ARGUMENT DID NOT REQUIRE ACTION
     In the Matter of Mercideze Dixon, UNPUBLISHED (Court if Appeals No. 228232, February 20, 2001)
TEMPORARY CO-GUARDIANS WERE NOT INTERESTED PARTIES IN ADOPTION PROCEEDING UNDER MCL 710.24A(1).  PETITIONERS FOR ADOPTION HAD STANDING TO REQUEST TERMINATION OF GUARDIANSHIP
     In the Matter of Markia Victoria Bancroft, UNPUBLISHED (Court of Appeals No. 226828, February 9, 2001)
COMPLIANCE WITH INDIAN CHILD WELFARE ACT MUST APPEAR ON THE RECORD
     In the Matter of Scottie La-Ray Yeary UNPUBLISHED (Court of Appeals No. 224475, February 9, 2001)
ASSESSMENT OF SON'S DETENTION COSTS AGAINST FATHER WAS PROPER WHERE FATHER WAS SERVED WITH SUPPLEMENTAL PETITION BEFORE DETENTION
     In the Matter of Patrick John Huebner UNPUBLISHED (Court of Appeals No. 218381, February 6, 2001)
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SUPREME COURT GRANTS LEAVE TO APPEAL AND STAYS PRECEDENTIAL EFFECT IN COUNTY CLERK CASE
     Lapeer County Clerk v. Lapeer Circuit Judges  UPDATE (Supreme Court No. 118102)
LACK OF SEPARATE FACILITY FOR FEMALE JUVENILES SENTENCED AS ADULTS DOES NOT VIOLATE EQUAL PROTECTION
     People v. Clore UNPUBLISHED (Court of Appeals No. 228439, January 16, 2001)
SERVICE OF SUMMONS FOR TRIAL WAS SUFFICIENT FOR TERMINATION ON INITIAL DISPOSITION
     In the Matter of Felicia Mosher and Jessie Diaz, Minors UNPUBLISHED (Court of Appeals No. 225038, December 26, 2000)
DISCOVERY RULE, MCR 5.922, INCORPORATES PRETRIAL RULE, MCR 2.401, AND FATHER WAS NOT DEPRIVED OF DUE PROCESS BY TRIAL COURT'S EXCLUSION OF WITNESSES USING TEST OF IN RE BROCK
     In the Matter of S.M. and R.J., Minors UNPUBLISHED (Court of Appeals No. 220706, December 26, 2000)
REMAND WAS REQUIRED WHERE RECORD DID NOT EXPLAIN DISMISSAL OF FATHER'S ATTORNEY FROM TERMINATION HEARING
     In the Matter of KMP, et al, ___Mich App___ (2000) (Court of Appeals No. 220382, December 26, 2000)
INCARCERATED FATHER'S FAILURE TO SEEK CUSTODY CONSTITUTED DESERTION UNDER MCL 712A.19B(3)(a)(ii)
     In the Matter of MJC, Minor UNPUBLISHED (Court of Appeals No. 221339, December 15, 2000)

January

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Last updated 3-1-02

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