In re Sours Minors,__Mich__(1999), No. 1113069 (May 25, 1999)
Juvenile ReviewReview of a decision of Court of Appeals that reversed probate court's termination of the respondent's parental rights.
Respondents lived together for some time and had six children. Their situation was brought to the attention of the Family Independence Agency (FIA) when in 1995 both DeCaire (the mother) and one of their children were struck by Sours (the father). The FIA filed a petition to take jurisdiction of the children, but the couple left the county before action was taken.
In 1996 a review hearing was held . The children were made temporary wards of the court, and the parents were ordered to maintain contact with the FIA, immediately attend counseling, refrain from substance abuse and look for work. DeCaire partially complied, but ceased contact with the FIA after the birth of her sixth child, who was sickly, because she was afraid they would take him away. She took him off his apena monitor (which he needed to be on continuously to help him breathe) when FIA workers came to the house. The workers found the baby hidden under a blanket after having been off the monitor for fifteen minutes.
Under relevant statute the court can terminate parental rights if any one of a number of situations is shown by clear and convincing evidence. MCL 712A.19b(2)(c); MSA 27.3178(598.19b)(2)(c). The Supreme Court found this under MCL 712A.19b(3)(c)(ii); MSA 27.3178(598.19b)(3)(c)(ii). "It is clear that DeCaire failed to ameliorate her neglect of her children, despite a reasonable opportunity to do so after she had received notice of the problem and been afforded hearings regarding it. Indeed, after her youngest was removed, DeCaire's failure to mitigate her neglect worsened into outright abandonment. She made no contact with the court, the FIA, or her children until four months later when she was returned to the court pursuant to a bench warrant." This is sufficient evidence to support the probate judge's findings of neglect under the statute. MCL 712A.19b(3)(c)(ii); MSA 27.3178(598.19b)(3)(c)(ii). Reversed judgment of Court of Appeals, reinstated probate court's termination of respondent's parental rights.
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