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A SUFFICIENT STATUTORY BASIS EXISTS UNDER MCL 712A.19b(3)(b)(i) TO TERMINATE A FATHER’S PARENTAL RIGHTS TO HIS BIOLOGICAL CHILDREN WHERE THE FATHER WAS CONVICTED OF FIRST DEGREE CRIMINAL SEXUAL CONDUCT OF HIS STEP-DAUGHTER (THE HALF SIBLING OF THE CHILDREN IN THE CURRENT CHILD PROTECTION CASE)
In the matter of Jenks, Minors, ___Mich App___(2008), #284387 & #284388, 11/20/08
THE FAILURE TO MAKE AN OPENING OR CLOSING STATEMENT, OFFER TESTIMONY OR INTRODUCE DOCUMENTARY EVIDENCE WHERE SUCH ACTIONS ARE NOT SHOWN TO EFFECT THE PROBABLE OUTCOME OF THE PROCEEDING ENDING IN THE TERMINATION OF A RESPONDENT’S PARENTAL RIGHTS DOES NOT SUPPORT A CONCLUSION THAT THE RESPONDENT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL
DHS v. Martin, (Unpublished, #285429), 11/4/08
AUTOMATIC SUPPRESSION OF A JUVENILE’S CONFESSION IS NOT WARRANTED AS A RESULT OF VIOLATION OF ANY ONE FACTOR UNDER THE TOTALITY OF THE CIRCUMSTANCES TEST
In re: Brittany Blanca Walker, (Unpublished, #284233), 10/28/08
MEDICAL INPUT AND EVIDENCE IS NEEDED IN ORDER TO DETERMINE THAT A VICTIM OF STROKE WOULD BE UNABLE TO PROVIDE PROPER CARE AND CUSTODY OF A MINOR WITHIN A REASONABLE TIME
In the matters of Yahaira Woodall, Minor, (Unpublished, #283185), 10/21/08
TAKING INTO ACCOUNT THE EXTENT AND CULTURAL RELEVANCES OF AGENCY EFFORTS, PRIOR FORMAL AND INFORMAL SERVICES, MAY MEET THE “ACTIVE EFFORTS” REQUIREMENT OF THE ICWATop of Page
In the matter of Jaden Taylor Lee, minor, (Unpublished, #283038), 10/16/08
ICWA REQUIRES A TRIAL COURT TO MAKE FINDINGS WHETHER THE DEPARTMENT OF HUMAN SERVICES MADE ACTIVE EFFORTS TO PROVIDE REMEDIAL SERVICES AND REHABILITATIVE PROGRAMS DESIGNED TO PREVENT THE BREAKUP OF THE INDIAN FAMILY AND WHETHER THOSE EFFORTS PROVED UNSUCCESSFUL
In re: Ashtyn Jasmin Roe, ___Mich App___ (2008), #283642, 9/25/08
(1) MULTIPLE ADJOURNMENTS OF THE ADJUDICATORY PHASE OF A CHILD PROTECTION CASE (SOME OF WHICH WERE ATTRIBUTABLE TO THE PARENT) RESULTING IN AN ADJUDICATION NEARLY ONE YEAR AFTER THE INITIAL PETITION WAS FILED ARE NOT A SUFFICIENT BASIS TO REVERSE A TERMINATION OF THE RESPONDENT MOTHER’S PARENTAL RIGHTS (2) SUFFICIENT LEGALLY ADMISSIBLE EVIDENCE WAS ADDUCED (IRRESPECTIVE OF THE ERRONEOUS ADMISSION OF HEARSAY EVIDENCE) TO SUPPORT THE TERMINATION OF THE MOTHER’S PARENTAL RIGHTS UNDER MCL 712A.19b(3)(d) [NON COMPLIANCE WITH THE LIMITED GUARDIANSHIP PLACEMENT PLAN RESULTING IN A SIGNIFICANT DISRUPTION OF THE PARENT-CHILD RELATIONSHIP] AND MCL 712A.19b(3)(j) [REASONABLE LIKELIHOOD OF HARM IF THE CHILD WERE RETURNED TO HER PARENT] BY CLEAR AND CONVINCING EVIDENCE
In re Utrera, ___Mich App___ (2008), #280531, 9/23/08
THE TRIAL COURT WAS “RIGHTFULLY DISMISSIVE” OF THE TESTIMONY OF RESPONDENT’S THERAPIST ACTING IN THE ROLE OF AN ADVOCATE
In the matter of Xavier Lethbridge, Minor, (Unpublished, # 283016), 8/19/08
FAILURE TO INFORM A PARENT OF THEIR RIGHT TO COUNSEL; THE TRIAL COURT ASSUMING THE ROLE OF ACCUSER AND DECISION MAKER; AND NOT APPOINTING A GAL IN A PARENTAL TERMINATION MATTER PRECLUDES THE TRIAL COURT FROM TERMINATING A PARENT’S RIGHTS
In the mater of Felicia Alicia Clemons, Minor, (Unpublished, # 281004), 8/19/08
A PUTATIVE FATHER IS NOT ENTITLED TO PERSONAL SERVICE OF NOTICE OF THE INITIAL PLEADINGS OR PROCEEDINGS IN A CHILD PROTECTION PROCEEDING. SUCH LACK OF SERVICE IS NOT A DEFECT THAT VOIDS A LATER TERMINATION OF THAT PUTATIVE FATHER’S PARENTAL RIGHTSTop of Page
In re: Nickerson, (Unpublished, #282590), 7/15/08
PARENTAL RIGHTS OF A MOTHER WHO ALLOWED HER CHILDREN TO BE SUBJECTED TO UNSTABLE LIVING CONDITIONS; WHO FREQUENTLY LEFT HER CHILDREN IN THE CARE OF OTHERS; AND WHO EXPOSED THEM TO DOMESTIC VIOLENCE AND INAPPROPRIATE SEXUAL ACTIVITY MAY HAVE HER PARENTAL RIGHTS TERMINATED UNDER MCL 712A.19b(3)(g) AND (j).
In the matter of Chayanne Nicole Macarthur and Christopher Roy Macarthur, Minors, (Unpublished, #281032), 6/19/08
A RESPONDENT’S CLAIMS THAT PETITIONER DID NOT PROVIDE ADEQUATE OR REASONABLE SERVICES TO RECTIFY THE ISSUES LEADING TO TERMINATION, RELATES TO THE SUFFICIENCY OF THE EVIDENCE USED TO ESTABLISH THE STATUTORY GROUNDS FOR TERMINATION.
In the matter of Ayden Rood, Minor, (Unpublished, #280597), 6/12/08
N CHILD PROTECTIVE PROCEEDINGS, THE MICHIGAN COURT OF APPEALS APPLIES THE BALANCING TEST IN MATTHEWS TO TEST THE SUFFICIENCY OF A RESPONDENT’S DUE PROCESS RIGHTS. IN A CASE THAT HINGES UPON WITNESS TESTIMONY, THE TRIAL COURT’S CREDIBILITY DETERMINATIONS ARE GRANTED DEFERENCE BY THE COURT OF APPEALS.
In the matter of Hendi I. Al-Manasir, a Minor, (Unpublished, #280771), 6/3/08
ABSENT EVIDENCE OF COUNSEL’S INCAPACITY, INADEQUACY, OR SHORTCOMINGS IN THE ATTORNEY/CLIENT RELATIONSHIP AS CONTEMPLATED BY MRPC 1.16(b)(6), IT IS WITHIN THE DISCRETION OF THE TRIAL COURT TO REFUSE TO ALLOW COUNSEL TO WITHDRAW, EVEN AFTER COUNSEL HAS BEEN “DISCHARGED” BY THEIR CLIENT.
In the matter of Jessica Sayles and Daryl Jo Jackson, Minors, (Unpublished, #281450), 5/29/08
WHEN BEING INTERVIEWED BY AN INVESTIGATOR FOR CPS, A JUVENILE’S CONFESSION MAY ONLY BE ADMITTED IF UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE STATEMENT WAS VOLUNTARILY MADE.Top of Page
In the matter of Zackery Glynn Hendrix, a Minor, (Unpublished, #281011), 4/15/08
TERMINATION OF A FATHER’S PARENTAL RIGHTS WERE REVERSED AND THE CASE REMANDED BECAUSE THE CASEWORKER’S ZEALOUS EFFORTS AIMED AT TERMINATION INSTEAD OF REUNIFICATION DENIED THE RESPONDENT FATHER OPPORTUNITIES TO DEVELOP AND ACQUIRE PARENTING SKILLS TO REGAIN CUSTODY OF HIS CHILD
DHS v. Schafer, (Unpublished, #280252), 5/22/08
IN ORDER TO ESTABLISH THE ELEMENT OF CSC 1st INVOLVING A ‘MENTALLY INCAPABLE’ VICTIM, THERE MUST BE PROOF BEYOND A REASONABLE DOUBT THAT THE VICTIM WAS, IN FACT, MENTALLY INCAPABLE.
People v. Santini, (Unpublished, #271491), 5/15/08
THE CONTINUED EXERCISE OF JURISDICTION OVER MINORS IN A CHILD PROTECTION CASE WHOSE PARENTS WERE DEPORTED VIOLATED THOSE PARENTS’ SUBSTANTIVE DUE PROCESS RIGHTS INASMUCH AS THE DEPARTMENT VIRTUALLY ASSURED THE GROUNDS FOR TERMINATION WOULD EXIST THROUGH ITS EFFORTS TO SECURE THE DEPORTATION OF THE ILLEGAL RESIDENT PARENTS THUS RESULTING IN THE DE FACTO TERMINATION OF THEIR PARENTAL RIGHTS
DHS v. Diaz, ___ Mich App ___ (2008), #279461, 5/13/08
TERMINATION OF PARENTAL RIGHTS WAS REVERSED IN THE ABSENCE OF CLEAR AND CONVINCING EVIDENCE THAT STATUTORY GROUNDS FOR TERMINATION HAVE BEEN ESTABLISHED IN THE OPINION OF THE COURT OF APPEALS
In the matter of Anthony James Ashman, Valerie Marie Ashman, and Timothy Ryan Ashman, Minors, Unpublished No. 277222, April 10, 2008
A REVIEWING COURT HAS NO DISCRETION UNDER MCL 28.728c TO REMOVE THE REQUIREMENT UNDER MCL 28.723 THAT A DEFENDANT REGISTER AS A SEX OFFENDER WHEN THE REVIEWING COURT CONCLUDES THE DEFENDANT’S OFFENSE WAS ACCOMPLISHED THROUGH FORCE OR COERCION
People v. Hesch, ___Mich App___ (2008), #269185, 3/18/08
THE TRIAL COURT DID NOT ERR IN FAILING TO PROVIDE COURT-APPOINTED COUNSEL FOR A NON-RESPONDENT, NON CUSTODIAL FATHER PRIOR TO THE FILING OF A PETITION SEEKING TO TERMINATE PARENTAL RIGHTS
In re: Clark, (Unpublished #280251), 3/13/08
BECAUSE THE FATHER WAS ALLOWED TO PARTICIPATE IN THE ADJUDICATION AND TERMINATION HEARINGS VIA TELEPHONE AND WAS REPRESENTED BY COUNSEL AT THE OTHER HEARINGS HELD IN THIS CHILD PROTECTION CASE, HE WAS NOT DENIED DUE PROCESS IN THE PROCEEDINGS WHICH RESULTED IN THE TERMINATION OF HIS PARENTAL RIGHTSTop of Page
In re Mallett, (Unpublished #289741), 3/13/08
AN INDIVIDUAL WHO HAS BEEN ADJUDICATED RESPONSIBLE FOR MORE THAN ONE OFFENSE IS NOT ENTITLED TO EXPUNGEMENT. MULTIPLE COUNTS IN ONE PETITION IS NOT CONSIDERED A SINGLE OFFENSE, AND THEREFORE SET ASIDE IS NOT AVAILABLE.
In the Matter of Shawn Hutchinson, Minor, Published Opinion #274286, 2/21/08
WHEN A JUVENILE, WHO WAIVED HIS RIGHT TO A JURY TRIAL IN FRONT OF A REFEREE, IN A DESIGNATION OR WAIVER CASE, THAT JUVENILE IS STILL AFFORDED A RIGHT TO A JURY TRIAL. THE JUVENILE MUST KNOWINGLY AND VOLUNTARILY WAIVE HIS RIGHT TO A JURY TRIAL IN ACCORDANCE WITH MCR 6.402(B).
In re Davario Dequez Stevenson, Minor, Unpublished Opinion #275845, 2/14/08
A FATHER’S CONDUCT PRIOR TO PERFECTING PATERNITY CAN PROVIDE THE BASIS FOR TERMINATION OF HIS PARENTAL RIGHTS AFTER HE HAS BEEN NAMED THE LEGAL FATHER.
In the Matter of Lauren E-Lece Jordan, Minor, ___Mich App___ (2008), #276924, 2/12/08
WHETHER TERMINATION IS IN THE BEST INTEREST OF THE CHILD CAN BE BASED ON THE SAME FACTS USED TO ESTABLISH THE STATUTORY GROUNDS FOR TERMINATION, AND THERE DOES NOT NEED TO BE SEPARATE HEARINGS FOR EACH DETERMINATION.Top of Page
In the Matter of Isabelle Sawyer and Rachelle Sawyer, Minors, Unpublished Opinion #280382, 1/31/08
AGE DOES NOT PRECLUDE THE ADMISSION OF A DYING DECLARATION. WHEN FACED WITH IMPENDING DEATH, A CHILD’S STATEMENT IDENTIFYING HIS KILLER, QUALIFIES AS ADMISSIBLE HEARSAY UNDER THE DYING DECLARATION EXCEPTION MRE 804(B)(2). HOWEVER, AS WITH AN ADULT, WHETHER A CHILD WAS CONSCIOUS OF THEIR IMPENDING DEATH MUST BE DETERMINED ON A CASE-BY-CASE BASIS.
People of the State of Michigan v. Michael William Stamper, 480 Mich. 1 (2007)
(1) IN ORDER TO FIND THAT A CHILD COMES WITHIN THE JURISDICTION OF THE COURT, AT LEAST ONE STATUTORY BASIS UNDER MCL 712A.2(B) MUST BE PROVEN AT TRIAL OR BY A RESPONDENT’S PLEA OF ADMISSION OR NO CONTEST REGARDING AN ACT OR OMISSION CONSTITUTING AN OFFENSE AGAINST THE CHILD COMMITTED BY THAT RESPONDENT. (2) SUCH A PLEA MUST BE MADE AFTER ADVISING THE RESPONDENT OF HIS/HER RIGHTS WHICH INCLUDE THE CONSEQUENCES OF THE PLEA (EG. THAT THE PLEA COULD LATER BE USED AS EVIDENCE IN A PROCEEDING TO TERMINATE PARENTAL RIGHTS). (3) WITHOUT THE COURT HAVING JURISDICTION OVER A CHILD UNDER THE JUVENILE CODE NO ORDER TERMINATING PARENTAL RIGHTS MAY BE ENTERED. (4) ABSENT A PETITION CONTAINING A WRITTEN REQUEST TO TERMINATE A PARENT’S RIGHTS TO HIS/HER CHILD, AN ORDER TERMINATING PARENTAL RIGHTS MAY NOT ENTER.
In re: SLH, AJH and VAH, ___Mich App___ (2008), #276631, 1/24/08
IN ORDER TO CONSIDER A CASEWORKER’S REPORT TO PROVE THE STATUTORY BASIS FOR TERMINATION OF THE RESPONDENT’S PARENTAL RIGHTS, THE RESPONDENT MUST HAVE STIPULATED TO THE ENTRY OF THE REPORT FOR THAT PURPOSE
DHS v. Blocker, (Unpublished #279581), 1/17/08
A TRIAL COURT CANNOT REQUIRE DHS TO CREATE AND STAFF LIAISON POSITIONS SINCE THE SAME IS NOT AN EFFORT TO COERCE COMPLIANCE WITH PRIOR COURT ORDERS IN A SPECIFIC CASE BUT RATHER A GENERALIZED EFFORT TO PREVENT FUTURE VIOLATIONS OF COURT ORDERS IN A NUMBER OF CHILD PROTECTION CASES. IN ADDITION SUCH ORDERS VIOLATE THE SEPARATION OF POWERS PROVISIONS OF THE MICHIGAN CONSTITUTION.
DHS v. Baas, DHS v. Yun, (Unpublished #s 272343 and 272344), 1/8/08
A JUDGE MAY DESIGNATE A REFEREE TO HEAR TESTIMONY AND PREPARE A REPORT SUMMARIZING THE TESTIMONY AND TO MAKE RECOMMENDATIONS FOR THE COURT’S FINDINGS AND DISPOSITION, INCLUDING A TERMINATION TRIAL, BUT THE ORDER TERMINATING MUST BE SIGNED BY THE COURT, AND THE REFEREE SHALL INFORM THE PARTIES OF THE RIGHT TO FILE A REQUEST FOR REVIEW OF THE REFEREE’S RECOMMENDED FINDINGS AND CONCLUSIONS, AS PROVIDED BY MCR 3.991(B)
Diontate Thomas Phifer, Jr., Damion Darnell Phifer, De’Aarion Malachi Phifer, Minors, Unpublished Opinion, #277429, 12/13/07
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