Michigan Court of Appeals Stands for Parental Rights in Landmark Ruling
A recent Michigan Court of Appeals decision has spotlighted the need for clarity and prioritization in cases involving parental rights. The court concluded that a woman’s due process rights were breached when she lost custody of her child, as the state had not provided explicit guidelines for regaining custody and failed to prioritize family reunification.
Judge Allie Greenleaf Maldonado emphasized the importance of maintaining the parent-child relationship, stating, “It is well-established that parents have a fundamental right to the care, custody, and control of their children. Therefore, the Legislature has enacted a statutory scheme that elevates reunification of parents and children over termination of parental rights.”
The case involved a mother with a history of substance abuse who gave birth in a rehabilitation facility. She contested the Michigan Department of Health and Human Services (MDHHS) and the Calhoun County Circuit Court’s decision to proceed with terminating her parental rights. The mother argued that the alleged violations of a child safety plan, which was documented only after the petition to separate her from her child was filed, were unfounded. The appellate court concurred with her position.
Joshua Pease, affiliated with the State Appellate Defender Office and chair of the State Bar of Michigan Children’s Law Section, highlighted the ruling’s requirement for the state to provide precise reasons for questioning parental rights. He explained, “Not just a vague ‘you-are-a-neglectful-parent’ type of allegation, but specifics of why the department believes the parent was neglectful, why they believe the child is unsafe in the parent’s care, and why they believe termination of parental rights is justified,” as reported by Michigan Public Radio.
The court’s decision mandates that MDHHS must outline a clear family reunification plan with specific criteria when pursuing the termination of parental rights. Pease noted, “The agency has to make it clear what steps a parent has to take and it has to be an individualized plan, so that it’s essentially an obtainable goal.”
A state health department spokesperson indicated that the ruling is under review and could be appealed to the Michigan Supreme Court.
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