Parents have a legal duty to care for and protect their children. However, very young parents might be frightened or overwhelmed by the responsibility and may contemplate abandoning a newborn before anyone detects the connection. If the pregnancy was secret,...
Child Protective Proceedings
Michigan Court Of Appeals Reverses Termination Of Parental Rights Due To DHHS’s Failure To Make Reasonable Efforts Towards Reunifying The Family
The Michigan Court of Appeals released its opinion regarding In re Doering, unpublished per curiam opinion of the Court of Appeals decided July 16, 2020 (Docket No. 351631) and reversed a Monroe County trial judge’s decision to terminate a father’s parental...
Medical Experts and Child Abuse Allegations
Imagine yourself in the following situation: You are a proud new parent of a heathy, though exceptionally small, baby boy. One day when you are spending time alone with your baby, he accidentally drops his favorite toy while he is in your arms. You bend over to...
Michigan Supreme Court Holds Respondents Can Appeal Issues From All Stages of Child Protective Proceeding After Termination Of Parental Rights
On June 12, 2019, the Michigan Supreme Court released its opinion in In re Ferranti Minor, ___ Mich ___ (2019)(Docket No. 157907) holding that a respondent-parent can raise issues on appeal from the adjudicative phase of a child protective proceeding even after...
Case Summary — Leaving Young Children Alone In A Car
People v Haveman, COA Docket No. 344825 May 30, 2019 - FOR PUBLICATION MCL 750.135a makes it a misdemeanor that is punishable by up to 93 days in jail and a $500 fine for "a person who is responsible for the care or welfare of a child [under 6 years of age]" to "leave...
Michigan Court of Appeals Reverses Termination of Father’s Parental Rights For Lack of Jurisdiction
On November 20, 2018, the Michigan Court of Appeals released their opinion in In re IML, __ Mich App __ ; __ NW2d __ (2018)(Docket No. 344326) reversing the trial court's decision to terminate a father's parental rights. Shortly after birth in 2012, a mother left her...
Who Is A Mandatory Reporter of Child Abuse In Michigan?
Michigan law requires that certain individuals who have reasonable cause to suspect child abuse or neglect must immediately report it to Child Protective Services. "'Child abuse' means harm or threatened harm to a child's health or welfare that occurs through...
Michigan Court of Appeals Upholds Termination of Parental Rights Where Mother’s Boyfriend Abused Child
The Michigan Court of Appeals upheld the Monroe County Circuit Court's order terminating parental rights of a mother to her two children where her boyfriend was the perpetrator of child abuse. In re Messer/Sawyer Minors, unpublished per curiam opinion of the Court of...
Michigan Court of Appeals Holds Lawyer-Guardian Ad Litems Are Entitled To Immunity From Legal Malpractice Suits
On May 17, 2018, the Michigan Court of Appeals released their decision in Farris v McKaig, ___ Mich App ___; ___ NW2d ___ (2018)(Docket No. 337366) holding that a lawyer-guardian ad litem (hereafter "L-GAL") is entitled to the same immunity as other guardian ad litems...
