02/03/07

GOOD MORNING FLINT - 02 /03 /07
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HEADLINE OF THE DAY
How do we save our children?
Termination of parental rights, should the grandparents rights be terminated also.
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Child protection Law and ProcedureParents losing their children!!The following is a recent case on termination of parental rights....1/28/07

Case 1
Issues: Termination of parental rights pursuant to §§ 19b(3)(b)(ii), (g), and (j); Whether the trial court erred in terminating the respondent-mother’s parental rights based on environmental neglect; Whether respondent was offered services related to the issue; Whether there was testimony the home conditions adversely affected the children; In re King; Whether the trial court erred in terminating respondent’s parental rights based on her husband’s alleged abuse of them and her failure to protect; In re Miller; The best interests of the childrenCourt: Michigan Court of Appeals (Unpublished)Case Name: In re S.L.A.e-Journal Number: 34586Judge(s): Per Curiam – Saad, Cavanagh, and SchuetteSince clear and convincing evidence supported termination of the respondent-mother’s parental rights, the trial court properly terminated them. The children were removed following the death of their brother, Ethan, at 14 months. He died from position asphyxiation—although the death was ruled accidental, the facts were consistent with the child getting stuck in his highchair and being unable to breathe.When he was examined at the hospital, the child had been dead at least six hours. Respondent had been busy with Girl Scouts, errands, and cooking. Her husband was left in charge most of the time beginning about 2 PM. The husband found the child’s body about 8 PM.The evidence showed a filthy, unsanitary environment in the home unsafe for anyone to live in. Clothes, garbage, used diapers, and animal feces littered the home, and extension cords snaked around the floor.The electricity did not work on one side of the house and the gas was not working. Dirty dishes were piled in the sinks and bathtub, and the tub had grayish-black water covered with a scum and gnats flying about.The toilet was very dirty and the house had a foul odor. The record supported the trial court’s finding respondent was incapable of providing a safe, clean environment for the children. Affirmed.


case 2
Issues: Statutory grounds for termination of parental rights; §§ 19b(3)(g), (i) and (j); Best interests of child; In re Miller; In re Trejo
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Dolman
e-Journal Number: 34717
Judge(s): Memorandum – Borrello, Jansen and Cooper
The trial court properly terminated the respondent-mother’s parental rights because termination was in the child’s best interests. The respondent argued her parental rights should not have been terminated because doing so was contrary to the child’s best interests. The court disagreed. Even though respondent regularly visited with the child and took parenting classes, the evidence also showed the respondent and the child never bonded. Most importantly, the respondent continued to maintain a relationship with the father of one of her children, Fisher, even though the trial court repeatedly told her the child would not be returned as long as Fisher, who had a substance abuse problem, remained in her home and involved in her life. In light of respondent’s continued dependence on Fisher, the trial court ruled reunification would not be in the child’s best interests. Based on the record, the court concluded the trial court properly determined termination was not clearly contrary to the child’s best interests. Affirmed.
How does this process start?


I OverviewChild Protection proceedings are commenced when a person reports a suspected instance of child abuse and neglect to the Department of Human Services or a mandatory reporter. ( teacher, doctors etc..)


All 50 states have passed some form of a mandatory child abuse and neglect reporting law in order to qualify for funding under the
Child Abuse Prevention and Treatment Act (CAPTA)(Jan. 1996 version),42 U.S.C. 5101, et seq.. The Act was originally passed in 1974, has been amended several times and was most recently amended and reauthorized on October 3, 1996, by the Child Abuse Prevention and Treatment and Adoption Act Amendments of 1996 (P.L. 104-235).
http://www.smith-lawfirm.com/mandatory_reporting.htm
All states require certain professionals and institutions to report suspected child abuse, including health care providers and facilities of all types, mental health care providers of all types, teachers and other school personnel, social workers, day care providers and law enforcement personnel. Many states require film developers to report.
Abuse and neglect reports are referred to a protective services worker. Law enforcement assistance must be sought within 24 hours of a sexual abuse or exploitation , severe physical injury, or death from suspected abuse or neglect or if the abuse was committed by a person responsible for the children care and welfare.The prosecutor must be informed of cases involving pornography, and criminal sexual conduct.The court may conduct a preliminary inquiry which is an informal review to determine appropriate action on a petition or a preliminary hearing.If a child is taken into protective custody a preliminary hearing is required.The court may dismiss the complaint, deny authorization of the petition, refer the matter to alternative services or authorize that a petition be filed on a showing of probable cause that one or more of the allegations in the petition are true. MCLA 712A.13a, MCR 5.926 (B).If there are reasonable grounds to believe that the home conditions would endanger a child health welfare or safety the court may enter an order for the removal of the child from the parents home and placer the child in custody usually foster care.A protective services worker must then file a petition requesting court action. MCR 5.961, within 24 hours.A preliminary hearing authorizes the filing of a petition for the children if probable cause is shown that abuse or neglect has been shown. Probable cause is when reasonable, within the bounds of common sense, grounds are stated that if true become the basis for belief that the accused person is guilty as charged.If the petition is authorized a child may be placed with someone other than the parent if (1) parental custody presents a substantial risk of harm to the life, physical health or mental health of the child.. (2) alternative services or arraignments cannot protect the child from those risks in the parents home and (3) the conditions of placement away from the parents are adequate to safeguard the health and welfare of the child. MCR 5.965 ©)(2).A child must be placed in the most family like setting consistent with his or her needs.A court must inquire whether any immediate or extended family is available to take custody of the child. Grandparents here is where you should become immediately involved and contact the child protective services workers.If the child is placed with a relative a criminal and protective services background check and a home study must be made. MCLA 712A. 13a (9).
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712A.13a Definitions; petition; release of juvenile; order removing abusive person from home; placement of child; duty of court to inform parties; criminal record check and central registry clearance; family-like setting; parenting time; review and modification of orders and plans; release of information; information included with order; "abuse" defined.

Sec. 13a.

(1) As used in this section and sections 2, 6b, 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:

(a) "Agency" means a public or private organization, institution, or facility that is performing the functions under part D of title IV of the social security act, 42 USC 651 to 655, 656 to 657, 658a to 660, and 663 to 669b, or that is responsible under court order or contractual arrangement for a juvenile's care and supervision.
(b) "Agency case file" means the current file from the agency providing direct services to the child, that can include the child protective services file if the child has not been removed from the home or the family independence agency or contract agency foster care file as defined under 1973 PA 116, MCL 722.111 to 722.128.
(c) "Attorney" means, if appointed to represent a child in a proceeding under section 2(b) or (c) of this chapter, an attorney serving as the child's legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan rules of professional conduct. An attorney defined under this subdivision owes the same duties of undivided loyalty, confidentiality, and zealous representation of the child's expressed wishes as the attorney would to an adult client. For the purpose of a notice required under these sections, attorney includes a child's lawyer-guardian ad litem.
(d) "Case service plan" means the plan developed by an agency and prepared under section 18f of this chapter that includes services to be provided by and responsibilities and obligations of the agency and activities, responsibilities, and obligations of the parent. The case service plan may be referred to using different names than case service plan including, but not limited to, a parent/agency agreement or a parent/agency treatment plan and service agreement.
(e) "Foster care" means care provided to a juvenile in a foster family home, foster family group home, or child caring institution licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, or care provided to a juvenile in a relative's home under a court order.
(f) "Guardian ad litem" means an individual whom the court appoints to assist the court in determining the child's best interests. A guardian ad litem does not need to be an attorney.
(g) "Lawyer-guardian ad litem" means an attorney appointed under section 17c of this chapter. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in section 17d of this chapter. The provisions of section 17d of this chapter also apply to a lawyer-guardian ad litem appointed under each of the following:
(i) Section 5213 or 5219 of the estates and protected individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.
(ii) Section 4 of the child custody act of 1970, 1970 PA 91, MCL 722.24.
(iii) Section 10 of the child protection law, 1975 PA 238, MCL 722.630.
(h) "Nonparent adult" means a person who is 18 years of age or older and who, regardless of the person's domicile, meets all of the following criteria in relation to a child over whom the court takes jurisdiction under this chapter:
(i) Has substantial and regular contact with the child.
(ii) Has a close personal relationship with the child's parent or with a person responsible for the child's health or welfare.
(iii) Is not the child's parent or a person otherwise related to the child by blood or affinity to the third degree.
(i) "Permanent foster family agreement" means an agreement for a child 14 years old or older to remain with a particular foster family until the child is 18 years old under standards and requirements established by the family independence agency, which agreement is among all of the following:
(i) The child.
(ii) If the child is a temporary ward, the child's family.
(iii) The foster family.
(iv) The child placing agency responsible for the child's care in foster care.
(j) "Relative" means an individual who is at least 18 years of age and related to the child by blood, marriage, or adoption, as grandparent, great-grandparent, great-great-grandparent, aunt or uncle, great-aunt or great-uncle, great-great-aunt or great-great-uncle, sibling, stepsibling, nephew or niece, first cousin or first cousin once removed, and the spouse of any of the above, even after the marriage has ended by death or divorce. A child may be placed with the parent of a man whom the court has found probable cause to believe is the putative father if there is no man with legally established rights to the child. A placement with the parent of a putative father under this subdivision is not to be construed as a finding of paternity or to confer legal standing on the putative father.
(2) If a juvenile is alleged to be within the provisions of section 2(b) of this chapter, the court may authorize a petition to be filed at the conclusion of the preliminary hearing or inquiry. The court may authorize the petition upon a showing of probable cause that 1 or more of the allegations in the petition are true and fall within the provisions of section 2(b) of this chapter. If a petition is before the court because the family independence agency is required to submit the petition under section 17 of the child protection law, 1975 PA 238, MCL 722.637, the court shall hold a hearing on the petition within 24 hours or on the next business day after the petition is submitted, at which hearing the court shall consider at least the matters governed by subsections (4) and (5).
(3) Except as provided in subsection (5), if a petition under subsection (2) is authorized, the court may release the juvenile in the custody of either of the juvenile's parents or the juvenile's guardian or custodian under reasonable terms and conditions necessary for either the juvenile's physical health or mental well-being.
(4) The court may order a parent, guardian, custodian, nonparent adult, or other person residing in a child's home to leave the home and, except as the court orders, not to subsequently return to the home if all of the following take place:
(a) A petition alleging abuse of the child by the parent, guardian, custodian, nonparent adult, or other person is authorized under subsection (2).
(b) The court after a hearing finds probable cause to believe the parent, guardian, custodian, nonparent adult, or other person committed the abuse.
(c) The court finds on the record that the presence in the home of the person alleged to have committed the abuse presents a substantial risk of harm to the child's life, physical health, or mental well-being.
(5) If a petition alleges abuse by a person described in subsection (4), regardless of whether the court orders the alleged abuser to leave the child's home under subsection (4), the court shall not leave the child in or return the child to the child's home or place the child with a person not licensed under 1973 PA 116, MCL 722.111 to 722.128, unless the court finds that the conditions of custody at the placement and with the individual with whom the child is placed are adequate to safeguard the child from the risk of harm to the child's life, physical health, or mental well-being.
(6) In determining whether to enter an order under subsection (4), the court may consider whether the parent who is to remain in the juvenile's home is married to the person to be removed or has a legal right to retain possession of the home.
(7) An order entered under subsection (4) may also contain 1 or more of the following terms or conditions:
(a) The court may require the alleged abusive parent to pay appropriate support to maintain a suitable home environment for the juvenile during the duration of the order.
(b) The court may order the alleged abusive person, according to terms the court may set, to surrender to a local law enforcement agency any firearms or other potentially dangerous weapons the alleged abusive person owns, possesses, or uses.
(c) The court may include any reasonable term or condition necessary for the juvenile's physical or mental well-being or necessary to protect the juvenile.
(8) If the court orders placement of the juvenile outside the juvenile's home, the court shall inform the parties of the following:
(a) That the agency has the responsibility to prepare an initial services plan within 30 days of the juvenile's placement.
(b) The general elements of an initial services plan as required by the rules promulgated under 1973 PA 116, MCL 722.111 to 722.128.
(c) That participation in the initial services plan is voluntary without a court order.
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Mcr5.965

three prerequisites to releasing a child to someone other than a parent:
(a) custody of the child with the parent presents a substantial risk of harm to the life, physical health, or mental well being of the child;
(b) no provision of service or other arrangement except removal of the child is reasonably available to adequately safeguard the child from the risk as described in subrule (C)(2)(a); and
(c) conditions of child custody away from the parent are adequate to safeguard the health and welfare of the child. [6]


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(9) Before or within 7 days after a child is placed in a relative's home, the family independence agency shall perform a criminal record check and central registry clearance. If the child is placed in the home of a relative, the court shall order a home study to be performed and a copy of the home study to be submitted to the court not more than 30 days after the placement.
(10) In determining placement of a juvenile pending trial, the court shall order the juvenile placed in the most family-like setting available consistent with the juvenile's needs.
(11) If a juvenile is removed from his or her home, the court shall permit the juvenile's parent to have frequent parenting time with the juvenile. If parenting time, even if supervised, may be harmful to the juvenile, the court shall order the child to have a psychological evaluation or counseling, or both, to determine the appropriateness and the conditions of parenting time. The court may suspend parenting time while the psychological evaluation or counseling is conducted.
(12) Upon the motion of any party, the court shall review custody and placement orders and initial services plans pending trial and may modify those orders and plans as the court considers under this section are in the juvenile's best interests.
(13) The court shall include in an order placing a child in foster care an order directing the release of information concerning the child in accordance with this subsection. If a child is placed in foster care, within 10 days after receipt of a written request, the agency shall provide the person who is providing the foster care with copies of all initial, updated, and revised case service plans and court orders relating to the child and all of the child's medical, mental health, and education reports, including reports compiled before the child was placed with that person.
(14) In an order placing a child in foster care, the court shall include both of the following:
(a) An order that the child's parent, guardian, or custodian provide the supervising agency with the name and address of each of the child's medical providers.
(b) An order that each of the child's medical providers release the child's medical records. The order may specify providers by profession or type of institution.
(15) As used in this section, "abuse" means 1 or more of the following:
(a) Harm or threatened harm by a person to a juvenile's health or welfare that occurs through nonaccidental physical or mental injury.
(b) Engaging in sexual contact or sexual penetration as defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a, with a juvenile.
(c) Sexual exploitation of a juvenile, which includes, but is not limited to, allowing, permitting, or encouraging a juvenile to engage in prostitution or allowing, permitting, encouraging, or engaging in photographing, filming, or depicting a juvenile engaged in a listed sexual act as defined in section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(d) Maltreatment of a juvenile.

---If the court finds probable cause at a hearing that a parent , guardian, custodian or other person residing in the home committed the abuse it may authorize the petition and order the perpetrator out of the home. MCLA 712A.13aIf placement is outside the parents home the court must inform the parties about an initial services plan. Parenting time may be discontinued if it might be harmful to the child pending psychological evaluation or counseling .Parenting time is automatically suspended at an initial hearing to consider termination unless the parent establishes and the court determines that the exercise of parenting will not harm the child . MCLA 712 A.18f (3) (f).If the child is not placed outside the home a trial must be held within 6 months. If the childis placed outside the home the trial must begin within 63 days.The parent gets a jury trial only if asked for early on.



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