DHS v. Moore, (Unpublished, #291842), 1/12/10
Juvenile Review MenuRespondent father Victor Moore appeals the decision terminating his parental rights under MCL 712A.19b(3)(a)(ii), (c)(i), (g) and (j). Respondent raises three claims on appeal. All three were found to be without merit. Accordingly, the Court of Appeals affirmed the trial court’s decision to terminate the father’s parental rights.
First, respondent contends his due process rights were violated in that he was not appointed an attorney to represent him until 9 month after he first appeared in court. It is true that an indigent parent must be advised of his right to counsel at his first appearance. MCR 3.915(B)(1)(a). However, it was not until 9 months after the father’s first appearance that he became a “respondent” as that term is defined at MCR 3.977(B) and MCR 3.903(A)(7). Only then did Mr. Moore establish paternity to the child who is the subject of this proceeding. Not until that point was he entitled to the appointment of counsel. Accordingly, the father was timely provided counsel when he became a “respondent” (i.e. the legal father of the child).
Second, the father claimed his due process rights were violated in that he was never personally served or given notice of the proceedings. Non-custodial parents must be personally served with a summons and notice of the petition as well as the time and place of the hearing. Failure to provide such personal notice renders all lower court rulings void. Here, respondent was sent personal notice of the court dates to addresses he had provided to the trial court and petitioner. In addition his own counsel provided him with notice of the court dates and requested he appear in court. So, notice of the proceedings was provided and his due process rights were not violated.
Finally, the father claims he was not provided adequate assistance to reunite with the child. Respondent was provided services even before he legally established paternity. He was provided parenting classes, visits and treatment. Thus, reasonable services were provided to him and no error requiring reversal was established on this basis either.
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Last updated: 2-2-10
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