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TAKING CHARGE


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RESOURCES - SINGLE AND DIVORCING PARENTS

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It seems to me that a test trial should give some concern to the characteristics of the criminal activity and create the penalties fit the criminal activity.

This sickens me. I know of men who were involved in "Romeo-Juliet" situations while in their teens that are on the Sex Offender List who are good, responsible parents. This could be devastating, not only to the parent but also the children.

Judge Hoort, you make some very interesting points. In my view, it would matter whether the sex offender registration resulted because of specific criminal action directed against the child as to whom the parental termination is directed. In other words, if the registration is for urinating in public, that has little or nothing to do with a propensity for a person to abuse his/her own children.


Even though discretion of the Court could take the above into consideration . . . there is still the potential for refusal to attempt reunification . . . especially in these times of so much work and so little money to go around.


The Parenting Time Statute says, at MCL 722.27a(5):

Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of Act No. 328 of the Public Acts of 1931 and the victim is the individual's child, the court shall not grant parenting time with that child or a sibling of that child to that individual, unless both the child's other parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child or sibling consent to the parenting time.


It seems to me that a trial court should give some consideration to the nature of the crime and make the punishment fit the crime.


As to your last paragraph, I see lots of opportunity for counsel to make a mistake by failing to advise of consequences, thus leaving him/herself open to charge of ineffective assistance of counsel—more appellate issues—and certainly malpractice issues.

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