In re Pantaleon, Minor,__Mich App__(1999), No. 207394 (March 26, 1999)
Juvenile ReviewRespondent appeals from a juvenile court dispositional order removing the minor child from respondent's home and returning him to foster care.
In this case there is a documented history of concern of this child's well being. The Family Independence Agency (petitioner) had made quite a few attempts to remove this child from respondent's care for a multitude of reasons, beginning when the child was left with a baby-sitter who knew neither the name of the child or respondent and called the police when she did not want to care for the child further. There were later concerns about unsafe living conditions, which the respondent failed to rectify, even though alternative housing was available and she did promise to do so. At this point the child was placed in foster care, and respondent was allowed scheduled visitation. These visits were noted to traumatize the child. Petitioner again filed a motion to remove the child, based on respondent's refusal to participate with in-home services, her refusal to have the child evaluated, and her refusal to continue with her therapy or prescribed medication. This motion was denied in September, 1997.
The issue was revisited, however, in October of the same year when the respondent requested a temporary restraining order (TRO) to prevent the petitioner from taking the child from her home. "Although the probate court ultimately determined that respondent's motion for a TRO was not properly before it, because it lacked authority to issue such an order, the court reviewed the evidence presented and found that the respondent had not complied with the required services, and that the child was therefore at risk. Accordingly the court issued a writ ordering the child to be removed from the respondent's home." The Court of Appeals found that the dispositional hearing that resulted fully complied with the requirements of MCR 5.973. Affirmed.
Return to Calhoun County Courts Homepage
Last updated 6-4-99
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov